JUDGMENT

Pradeep Kumar Srivastava, J.

1.Heard learned counsel for the parties.

2. Above-named sole appellant has preferred this Criminal Appeal for setting aside the judgment of conviction dated 06.09.2006 and order of sentence dated 11.09.2006 passed by learned Additional Sessions Judge, XIIIth at Dhanbad in Sessions Trial No. 112 of 2004 (arising out of Tundi P.S. Case No. 50 of 2003), whereby and whereunder, the appellant has been convicted and sentenced for the offence under Section 376 of the I.P.C. and directed to undergo R.I. of five years along with fine of Rs. 500/- with default stipulation.

FACTUAL MATRIX

3. The factual matrix giving rise to this appeal is that on 01.10.2003 at about 1-2 P.M. while the informant (prosecutrix), aged about 16-17 years had gone to Village tank for washing clothes and to take bath and after washing clothes, she went to ease herself in the nearby field. In the meantime, present appellant taking advantage of the loneliness of the place came from behind and caught hold of the victim and committed rape with her. It is further alleged that the victim attempted to raise alarm, but the accused gaged her mouth. It is further alleged that fortunately the