This criminal appeal is against the Judgment dated 23.4.2001 passed by Sri Narendra Kumar Shrivastava, the 2nd Additional Sessions Judge, Giridih in Sessions Trial No.111 of 1999 /19 of 2001 whereby the appellant has been convicted under Section 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for ten years and further directed to pay a fine of rupees five thousand (5,000/-) by way of compensation within three months from the date of this judgment and default of making payment of fine, further sentenced of R.I. for a period of two years which will run consecutively.

2. In short the prosecution case is that the informant Lalita Devi wife of Sri Bijay Rana of village Khuntabad, P.S. Bengabad, District Giridih, on 11.2.99 at about 6.30 A.M. stated before the Officer-in-charge of Bengabad Police Station that on 22.1.1999, her mother-in-law had gone for Saraswati Puja and her father-in-law also went to the relation’s house and the informant was alone in her house. In the meantime, Karu Yadav (appellant) was grazing his cattle in his field near the house of the informant. At about 4.P.M., Karu Yadav came to the informant and demanded drinking