JUDGMENT

1. The appellant has preferred the instant appeal aggrieved by the judgment and order dated 2.6.2016 whereby the appellant has been convicted for offence under Section 376 of IPC and sentenced to 7 years rigorous imprisonment with fine of Rs.10,000/-, and to further undergo 3 months rigorous imprisonment on non-payment of fine.

2. Briefly stated the facts of the case are that an FIR was lodged through a complaint by Hemant Kumar Yadav, husband of the victim stating therein that on 20.4.2010, the accused clicked obscene photographs and made obscene video clips of his wife and committed rape with her, while she was unconscious.

Thereafter, on the threat of making the video clips public, he raped her at Karan Restaurant, Nehru Bazar, Jaipur; Milan Guest House, Janta Store, Bapu Nagar and at various other places. Prior to the present complaint, the accused filed a complaint alleging therein that he is being blackmailed by the prosecutrix and a compromise was arrived at between the parties and the SIMs of the accused as well as complainant's wife were destroyed. The present complaint was filed on 11.1.2011 and FIR was registered on 19.1.2011. The police, after due investigation, s