JUDGMENT :

Manoj Kumar Garg, J.

1. Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 27.02.1993 passed by learned Additional Sessions Judge, Ratangarh, District Churu in Sessions Case No.53/1992 (20/90) by which the learned Judge convicted the appellant for offence under Section 376 of IPC and sentenced him to undergo five yeas’ R.I. alongwith a fine of Rs.1,000/- and in default of payment of fine, to undergo two months’ R.I.

2. Brief facts of the case are that on 26.11.1989, Mst. ‘P’ submitted a report at Police Station Ratangarh, District Churu, inter-alia alleging therein that her family members are traditional story-tellers. On 25.11.1989, she along with family members went to Khudera Chota for story-telling. Late at night, at about 3 AM, when she woke up for answering the call of nature, the accused-appellant Bhanwar Singh caught hold of her and committed rape upon her. On raising hue and cry, some people came to her rescue, upon which, the accused-appellant fled away. Counsel further argued that the medical evidence also contradicts the prosecutrix’s account, which claims that a rape was committed for two-three hours.