JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. This appeal is directed against the judgment of conviction and order of sentence dated 14.11.2003/17.11.2003, respectively passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Dhanbad, in Sessions Trial No. 158 of 2000, whereby the appellant was convicted for the offences punishable under sections 376/511 IPC and Sections 448 IPC and sentenced to undergo R.I. for 7 years under section 376/511 IPC and a fine of Rs. 2,000/- and to undergo R.I. for 6 months under section 448 IPC, both the sentences shall run concurrently.

3. The prosecution case in brief is that on the night of 20.06.1999, informant was sleeping in her room with her children. At about 1 A.M. the accused-appellant came and called her father-in-law and took his ‘Kudali’ and returned. At night the appellant again came and entered into her room and sat on the bed and put his hand on her chest and tried to remove the sari for committing rape upon her. She woke up and with the help of torch light she identified the appellant and also caught hold of his ‘Lungi’ but the appellant removed his ‘Lungi’ and fled away. Thereafter, she raised