This revision has been preferred against the judgment dated 26-11-1993 of the Sessions Judge, Kottayam. The revision-petitioner is the accused in Sessions Case No. 48/89 of the Assistant Sessions Judge, Kottayam. He was charged with the offences punishable under sections 363 and 376 of the Indian Penal Code. After the trial, the learned Assistant Sessions Judge found the accused guilty of the offences and convicted him. He was sentenced to undergo rigorous imprisonment for one year under S. 363, IPC and rigorous imprisonment for four years under S. 376, IPC. The sentences were allowed to run concurrently.

2. Aggrieved by the order of conviction and sentence passed by the Assistant Sessions Judge, the revision-petitioner preferred Cri. Appeal No. 50/90 before the Sessions Judge, Kottayam. The appeal was dismissed by the Sessions Judge confirming the conviction and sentence passed by the Assistant Sessions Judge. Hence this revision.

3. The resume of the prosecution case is as follows :

P.W. 2, Sindhu, is the daughter of P.W. 1. Kumaran, who is a retired teacher. The accused was the neighbour of P.W. 2. P.W. 2 fell in love with the accused and on the night of 22-8-1988 the a