1. - This appeal arises out of the judgment of the learned Additional Sessions judge, Banswara, dated 3 7.1971. I have heard argument and seen the record.

2. The accused appellant Nisar Mohammed Patwari was alleged to have commuted rape upon the complainant Mst. Lakho on 20-2-70 in the evening at about 6 p.m. when she was grinding maize in her house in village Kotda of police station Khusalgath husband was away, She raised a cry which attracted witnesses Teeta PW 2 and Rangji PW 3, who caught the accused red handed. Husband of Mst. Lakho returned to his house village Kotda two days after the occurrence. They both started for the police station in order to lodge a report but the people of the village persuaded them not to make haste and promised to settle the matter in the village itself. However, a complaint was afterwards lodged by Mst. Lakho on 7-3-1970 in the court of Munsif-Magistrate, Kushalgarh. The Magistrate asked the police to conduct an inquiry and the Deputy Superintendent of Police submitted hit report to the Magistrate that a prima facie case was made out against the appellant. The learned Magistrate after inquiry committed the accused for trial under Section 3