Honble JAIN, J.–Accused-appellant Mangilal S/o Radhakishan has preferred this appeal challenging the order of his conviction, dated 9th of June, 2003, passed by the Additional Sessions Judge (Fast Track) No.1, Bundi, in Sessions Case No.85/2001, whereby he has been convicted and sentenced under Section 376 I.P.C. to 7 years rigorous imprisonment and a fine of Rs.5000/- (Rupees five thousand); in default of payment of fine, to further undergo one months additional simple imprisonment.

(2). Briefly stated the facts of the case are that a written- report, Exhibit P-11, was lodged by PW-6 Kalu Lal, the husband of prosecutrix Madi Bai (PW-8) at Police Station Kotwali - Bundi, alleging therein that on 22.12.1995, accused Mangilal committed forcible sexual intercourse with his wife. The police registered FIR No.317/1995 (Exhibit P-12) under Section 376, IPC, and started investigation.

(3). After completion of investigation, a chargesheet was filed against the accused. The trial court framed charge against the accused for the offence under Section 376, IPC, which was denied by him and the trial was claimed.

(4). The prosecution and the defence, both, produced oral as well as documentary evide

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