JUDGMENT

1. This criminal appeal under Section 374 (2) Cr.P.C. has been preferred claiming the following reliefs:

"It is, therefore, prayed that the appeal may kindly be allowed, and the appellant be acquitted from the charges and judgment and sentence passed by the trial court be quashed."

2. The matter pertains to an incident which occurred in the year 1994 and the present appeal has been pending since the year 1996.

3. Learned counsel for the appellant submits that this Criminal Appeal has been preferred against the impugned judgment dated 28.02.1995 passed by the learned Additional Sessions Judge, Chittorgarh in Sessions Case No.154/1994 whereby the appellant was convicted for the offence under Section 376 IPC and sentenced to undergo five years R.I. and a fine of Rs. 100/-, in default of payment of which he was ordered to further undergo one month's R.I.

4. Learned counsel for the appellant submits that a report was submitted on 10.05.1994 before the police regarding the offence, which had taken place on 06.05.1994. The allegation is that the prosecutrix was guarding the crops in the field when the appellant committed forcible rape upon her by threatening her with an axe. Learne