1. - This appeal has been filed by the accused appellant against the judgment of conviction and order of sentence dated 20.5.2000 passed by the learned Additional Sessions Judge, Bayana District Bharatpur by which he has convicted the accused appellant for the offence under Sections 376 and 323, Indian Penal Code and sentenced as follows :

U/s. 376 Indian Penal Code to undergo seven years' R.I.

U/s. 323 Indian Penal Code to undergo six months rigorous imprisonment.

All the above substantive sentences were ordered to run concurrently.

2. It arises in the following circumstances that on 28.4.1999, P.W.3 Triveni Devi wife of Dhara Singh aged about 24 years lodged the report Ex.P/3 with the Police Station Halena; District Bharatpur stating therein that on 27.4.1999 at about 1.00 p.m. she went to Jungle for purpose of taking back her cows and when she was returning and when she reached near the well of Ramkaur thereupon, accused appellant came from her backside, caught hold of her waist and put her on the ground and thereafter committed rape with her. It was further stated in the report that she tried her best but the accused appellant did not leave her and after committing rape