1. This is an appeal filed by Joginder Singh son of Pritam Singh resident of village Mohra, tehsil and district Ambala, against the judgement dated 19th October, 1972, of the Sessions Judge, Ambala, by which he convicted him under Section 376, Indian Penal Code, and sentenced him to three years rigorous imprisonment. He also convicted him under Section 452, Indian Penal Code, and sentenced him to two years rigorous imprisonment. Both the sentences were ordered to run concurrently.

2. The facts of this case are that Smt, Daya prosecutrix is the wife of Amar Nath (P.W. 4) who is a resident of village Mohra, district Ambala. Smt. Daya is mentally deranged. Amar Nath is running a shop at village Mohra which adjoins his house. The prosecution story is that on 5th April, 1972, at about 2.00 P.M. Amar Nath P.W. went to Shahbad, to make purchases leaving his wife Smt. Daya at the house. He returned from Shahbad at about 6-00 P.M. and found the door of the compound of the house bolted from inside. The boundary wall of the compound of his house is only 4 feet high and while standing in the street he saw Joginder Singh committing sexual intercourse with his wife on a charpai in the ve