( 1 ) BY filing instant appeal under Section 374 of the Code of Criminal Procedure ( the Code for short)the appellant ( the accused for short)challenges the correctness of the judgment and order dated 7. 12. 1999 rendered in Sessions Case No. 143 of 1994 by the learned Additional Sessions Judge. Rajkot District, Rajkot. By the impugned judgment and order. the accused who was charged for commission of the offences punishable under Sections 376. 366 and 506 of the indian Penal Code ( ipc for short) on the accusation that on 17. 9. 1993 he took the prosecutrix. Dinaben Mansukhbhai Parmar at Shreyas Guest House and after giving some stupefying substance in the snacks ravished her and thereafter again on 24. 9. 1993 at 2 p. m. . he committed rape on her in her house, was held guilty for the same and. therefore, he was convicted for the offence punishable under Section 376 (2) IPC and sentenced to suffer R. I. for ten years and fine of Rs. 1,000/- and in default of payment of fine, S. 1. for a further period of one month.

( 2 ) THE brief facts of the prosecution case as disclosed from the complaint lodged by the prosecutrix, Dinaben, and unfolded during trial, are as under:

1. The prosecutrix, Dinaben mansukhbhai Parmar, was residing at rajkot since last twenty years. Her husband. Mansukhbhai alias Babu. met with an accident. A complaint was lodged against dinaben by her husband. The accused, being a police constable was investigating the said case. The accused prepared a plan to take disadvantage of the situation and threatened the prosecutrix. She was under the control of the accused and the accused kidnapped and compelled her to go with him at various places. She was given : intoxicating medicines by the accused. She was raped right from the year 1991. it was further case of the prosecution that the accused misused his official position and spoiled the life of the prosecutrix. The accused is married and is having children. In spite of this fact, he took disadvantage of the situation and he used to threaten the prosecutrix and threat was given to the extent that the accused will disclose the illicit relation they had to her husband which will result into break down of her matrimonial life. It was further case of the prosecution that under threat the prosecutrix was taken to different places. Some drops of intoxicating drugs were added in the soft drinks or in the food given to the prosecutrix by the accused and though there was no consent from her, the accused took the benefit of the situation as she was having no control mentally and committed sexual intercourse with her. Once her husband suspected him and hence she asked her husband as to what was with the accused which compels her to follow him. Medical advise was sought for and it was found that some exciting intoxicant drugs were given to the prosecutrix. The accused used to come between 3. 00 and 5. 00 p. m. when her husband presumed to be out of the house. It was further case of the prosecution that once the accused had taken her to a guest house at Rajkot and he added some medicine in the pav-bhaji and thereafter enjoyed sexual intercourse with her. It is further case of the prosecution that the accused tried to obtain certain writings from the prosecutrix so as to establish his innocence. Some chits were also taken by the accused. It was also the case of the prosecution that the prosecutrix was not in a position to reside at Rajkot.

2. The prosecutrix approached some advocate and lodged a written complaint before the learned Chief Judicial Magistrate. Rajkot and the learned Chief Judicial magistrate, Rajkot was pleased to direct the d. C. B. Police Inspector to investigate into the complaint under Section 156 (3) of code.

( 3 ) ON receipt of the complaint from the court, P. W. 7, B. A. Tivari, started investigation. During the course of investigation, he recorded statements of the prosecutrix and other witnesses, capsules were recovered from the accused