( 1 ) THE present appeal is filed under Section 374 (2) of the Code of Criminal Procedure, 1973 ("the Code" for short) against the judgment dated May 19, 2000 passed by the learned Additional Sessions Judge, Surendranagar, in Sessions Case No. 22 of 1993, by which the appellant is convicted of the offence under Section 376 of the Indian Penal Code ("the IPC" for short), and sentenced to suffer R. I. for eight years and a fine of Rs. 10,000=00, in default, S. I. for one year.

( 2 ) IN view of the decision in the case of State of Punjab v. Ram Dev, 2003 A. I. R. SCW 6947, we do not propose to mention the name of the victim.

( 3 ) THE parents of the victim reside at village Sayla. The name of her father is Dhanjibhai whereas name of her mother is Gauriben. She is married to Pravinbhai Bhopabhai of Wadhvan town. The incident in question had taken place on August 21, 1992. Fourteen days prior to the date of incident, the victim had come to her parental house to stay there. On the date of incident, her husband had come to village Sayla to take her with him at her matrimonial home. In the morning of date of incident, the victim had served tea etc. to her husband. Her husband