Kuldip Singh, Judge This appeal has been directed against the judgment dated 2.3.2009 passed by learned Addl. Sessions Judge, Sirmaur District at Nahan in Sessions Trial No.21-N/7 of 2007, convicting and sentencing the appellant to undergo rigorous imprisonment for seven years and to pay a fine of Rs.15,000/-, in default of payment of fine to undergo further rigorous imprisonment for a period of one year under Section 376 IPC. It has also been directed that whole fine amount, if realized, be paid to the prosecutrix.

2. The prosecution case against the appellant is that he had committed rape upon the prosecutrix on 1.6.2007 at about 4 PM at Jabiyana, Police Station Pachhad. It is the case of the prosecution that on 1.6.2007 PW-2 prosecutrix had gone to irrigate her tomatoes crop at a distance of 8 to 10 K.M. from her village Jabiyana. At about

4 P.M. when she was returning to her home, accused met her and committed forcible sexual intercourse with her. The prosecutrix sustained injuries on her back, elbow and knee while resisting the act of the accused. The prosecutrix raised alarm but due to forest area no one came to her rescue, the prosecutrix later on returned to her