Ratnaker Bhengra, J.

This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 20.9.2008 and 23.9.2008 respectively passed by 1st Additional Sessions Judge, West Singhbhum, Chaibasa in Sessions Trial No. 137 of 2007 whereby and whereunder appellant was convicted u/s 376 IPC and sentenced to undergo R.I. for seven years and to pay a fine of Rs. 10,000/- and in default of it to undergo simple imprisonment of six months. The amount of fine realized was to be paid to the victim as compensation.

2. The case of the prosecution case as per, fardbeyan (Ext.-3) of the prosecutrix, P.W. 6 (name concealed) is that on 7.3.2007 at about 5:30 p.m. while she was uprooting linseed (Tissi) crop in her field then her co-villager Arjun Sawaiya came to her and seeing her alone caught hold 'of her and forcibly dragged her to the field of Kiti Purty, just two fields South to her field and laid her down there and after removing her clothes, forcibly raped her and threatened her that if she disclosed the said incident to anyone in the house and village, she would be killed. Thereafter, he fled away from there. She came weeping to her house and narrated