JUDGMENT :

Heard learned counsel for the parties.

2. This appeal is directed against the judgment of conviction and order of sentence dated 05.07.2004 passed by the Additional Sessions Judge-IIIrd, Rajmahal, in Sessions Case No. 251 of 1993 and Sessions Trial No. 236 of 2002; whereby the appellant was convicted under section 376 IPC and sentenced to undergo R.I. for 7 years and further imposed fine of Rs.1000/- and in default, further sentenced to undergo S.I. for 6 months.

3. The prosecution case in short is that on 28.7.1992, informant had come out for discharging soil then all of a sudden accused along with one another person caught her and wrapped her mouth with gamcha and tried to bring her towards forest but upon raising alarm, her husband and mother-in-law reached there on which accused fled away from the place of occurrence taking advantage of darkness. After 4 days of occurrence, she informed to police that accused had committed rape on her which she did not disclosed on the first occasion, when she informed police on the very next date of occurrence.

4. Mr. Jai Prakash Jha, learned senior counsel for the appellant made following submissions;

(i) The first information about the