1. Arjan has preferred an appeal to this Court from his conviction and sentence under Section 376, Indian Penal Code. The trial Court has sentenced him to undergo rigorous imprisonment for two years for having committed the offence of rape against Mst. Jhanjo P.W. 1 of village Nasirpur in District Gurgaon.

2. The accused was a foot constable. The facts of this case are that Mst. Jhano, aged 30 years, was returning from village Hathin to her village Nasirpur and was accompanied with her minor daughter aged 4 years. The accused in police uniform and two companions of his, who were also in police uniform, were seen coming by her at the Railway Station Sholaka which fell on her way. On overtaking her, they said that she was a vagrant which allegation her, they said that she was a vagrant which allegation she denied and told them that she was coming from village Hathin after having met her relations and was proceeding to her own village.

They kept on walking beside her and went on pestering her with questions on the way. She then took path leading to her village along the canal bank and she passed by some men who were busy extricating bullocks which had got stuck in the marshy g