H.S.Bhalla, J.

1. This appeal is directed against judgment dated 3.9.1997, passed by Additional Sessions Judge (1) Jind, whereby he convicted the appellant under Section 376 I.P.C. and sentenced him to undergo rigorous imprisonment for seven years; to pay a fine of Rs. 1000/- and in default of payment of fine, he was directed to further undergo rigorous imprisonment for six months.

2. Briefly stated the facts of the prosecution case are that in March, 1997 prosecutrix wife of Telu, aged, 20 years, was residing in village Intal Khurd. During the intervening night of 17/18.3.1997 her husband had gone out of station and she was sleeping in her house all alone. She had already been conceived at that time. At about 9.30 P.M. some body knocked at the main door of her house. She asked who is at the door. The said person replied that he was Satbir, resident of Mirchpur and asked her to open the door as her husband was under the influence of liquor. When she heard about the condition of her husband, she opened the door. Satbir and Harpal entered the house. She asked where her husband was, but they did not respond. Satbir asked Harpal to do his job and he himself went from there on t