P. UBAID, J.

1. The appellant herein is the first accused in S.C. No. 696/2010 of the Court of Session, Ernakulam. He and the 2nd accused faced trial before the court below under Sections 451 and 376 I.P.C. on the allegation that they trespassed into the house of the prosecutrix at about 5 p.m. on 11.5.2009, with the object of committing rape on her, the 1st accused thus took his turn first and subjected the lady to sexual intercourse without her consent, the 2nd accused waited outside for his turn and when the complainant's daughter came there, the two accused ran off and escaped. The crime in this case was registered on 12.5.2009 on the complaint made by the victim alleging house trespass, assault and outrage of modesty. Thus, the F.I.R. was originally registered under Sections 341, 451, 323 and 354 read with 34 of the Indian Penal Code. A case of rape or attempted rape was not specifically revealed at the initial stage by the victim of offence. After a few days, the victim gave statement to the Police that an attempt to commit rape was in fact made by the appellant when the other accused was waiting outside, that it was not merely outrage of modesty, and she did not rev