1. This appeal is directed against an order of the learned Additional Sessions Judge, Sonepat, convicting the appellant under Ss. 376/511 and 450. Penal Code, and sentencing him to 2 years rigorous imprisonment and a fine of Rs. 100.00 under the first count and to 6 months rigorous imprisonment and a fine of Rs. 100.00 under the second count with the direction that the substantive sentences so awarded to him, shall run concurrently.

2. The prosecution case against the appellant is as under; On 14th April, 1980, at about midday, Rameshwar accused entered the house of Balbir, in his neighbourhood and caught hold of his wife Smt. Darshan and tried to open the string of her salwar to commit rape upon her, but she resisted. She picked up a kulhari, which was lying nearby and gave an injury on the upper limb of Rameshwar. The accused then made good his escape. Lakhi Ram saw the accused running away from the house of Balbir. Parbhu, father-in-law of Smt. Darshan was apprised of this incident. The husband of the prosecutrix was stated to be out of station and he returned to the village after several days, A panchayat was convened and the father of the accused wanted time to produce