V.K. JAIN, J.

1. This is an appeal against the Judgment dated 16th January, 2008 and the Order on Sentence dated 21st January, 2008, whereby the appellant was convicted under Sections 376 IPC read with Section 511 thereof and under Section 506 of IPC. He was sentenced to RI for 4 years and to pay fine of Rs. 5,000/- or to undergo SI for six months, in default under Section 376/511 of IPC and was further sentenced to undergo RI for one year under Section 506 of IPC.

2. On 30th August, 2002, the prosecutrix, accompanied by her mother Smt. Shashi Devi and one Jallaluddin, went to the Police Post, Prem Nagar and lodged a report, alleging therein that on 2nd June, 2002, at about 4.00 am, when she went to the nearby temple for the purpose of cleaning it, the appellant started loud speaker of the temple on a high volume and took her to the open space behind the temple. After removing his undergarment, the appellant stuffed a cloth in the mouth of the prosecutrix and made her lie on the ground. When the prosecutrix resisted and tried to run away, the appellant slapped her, threatened her and raped her. She thereafter became unconscious. Her mother came there and took her home. When the appellant was called to their house and was asked to explain the act done by him, he threatened to kill them in case the matter was reported to the police. Being afraid of the appellant, they did not report the matter to the police. Gathering courage, her parents brought the matter to the notice of a leader Shri Jallaluddin, who then brought them to the Police Station.

3. The prosecutrix came in the witness box as PW-3 and stated that at the time of this incident, she was about 14 years old and that on the day of this incident, she had gone to clean the nearby temple at about 4.00 am. The appellant came there and started the loud speaker of the temple at full volume, caught hold her and took her to the backside of the temple. When she raised alarm, he gave beatings to her and stuffed her chunni in her mouth. He then removed her salwar and his own undergarment, lied on her and tried to put his urinal portion into her vagina (lower portion). She became unconscious. Her mother came there and brought her to house. On gaining consciousness, she disclosed the incident to her mother who then called the police to the house and enquired from her. The appellant threatened to kill her parents as well as her brother. On account of this threat, they did not report the matter to the police. Thereafter, they had a talk with Jallaluddin and with his help they went to Police Post from where they were taken to Police Station, Sultan Puri, where report was lodged by her. She also disclosed that she had felt pain in her vaginal portion after this incident happened with her. In cross-examination, she stated that no one came to her rescue when she raised alarm, as the volume of loud speaker was high and that her mother had reached the templem about 10-15 minutes after this incident happened with her.

4. PW-1, Smt. Shashi Devi, is the mother of the prosecutrix. She has stated that on 2nd June, 2002, her daughter had gone to clean the temple at about 4.00 am. When she did not return, she went to the temple in her search and found her lying unconscious at the backside of the temple, which is situated adjacent to her house. She took her daughter to her house. When her daughter gained consciousness, she told her that the appellant had committed rape upon her. The appellant, who was residing just after two houses from her house, was called and when they enquired from him regarding rape with her daughter, he threatened to kill her family, if they informed the police. The appellant kept on threatening them for three months. On account of the threat given to them, they did not lodge report with the police. However, when they met Shri Jallaluddin, who is the Congress leader of the area, the prosecutrix was taken to Police Station and the matter was report