D. M. PATNAIK, J.

( 1 ) THE appellant having been convicted for the offence punishable under Section 376, I. P. C. and sentenced to undergo R. I. for 7 years by the Sessions Judge, Phulbani assails the order of conviction.

( 2 ) THE prosecution case is, on 29-7-1985 during day time the prosecutrix (P. W. 1) had been to the Tumudibandha weekly market under Kothagarh Police Station in the district of Phulbani. About p. m. she returned from the market. While proceeding towards her village, on the way near a simili tree the appellant caught hold of her hands and dragged her aside, laid her down on the ground and committed rape in spite of her protest and resistance. Reaching her mothers house, she narrated the incident to her mother. Though a panchayat was convened on the following day to which the appellant was called, he refused to attend. Thereafter, the matter was reported at the Tumudibandha Out-Post and after investigation, chargesheet was submitted.

( 3 ) ACCORDING to the appellant, the allegation was tendentious. He pleaded that he was to pay her a sum of Rs. 15/- towards the charges for tending cattle, but when she demanded the money and since the appellant expressed his ina