M.R. Verma, J.—This appeal has been preferred by the appellant/ accused (hereafter referred to as the accused) against the judgment dated 22.9.2004 convicting him under Section 376 of the Indian Penal Code and me order dated 24.9.2004 whereby he has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo rigorous imprisonment for one year.

2. Case of the prosecution in brief is that the prosecutrix (PW-1) wife of Madan Lal (PW-2) was present in her house alongwith her children on 15.8.2000 and PW-2 had gone to Keylong. PW-1 usually remained ill. At about 8.45 p.m. the accused went to her house. He was offered tea and food. He disclosed that he had brought Dhuni for the treatment of the prosecutrix and the prosecutrix was to be treated in a lonely place. The children of the prosecutrix were then sent to another room. The accused bolted the door of the room where he and the prosecutrix were, caught hold of the prosecutrix and made her to lay on the cot. Thereafter he tore her salwaar and committed rape on her. In the meanwhile, PW-2 returned home and on suspicion he bolted the door of the r