( 1 ) THE appellant Gokul was convicted under Section 376, I. P. C. and sentenced to rigorous imprisonment of five years by judgment dated 17-7-1981 passed by Sri J. N. Bansal, the then Sessions Judge, Lalitpur in S. T. No. 46 of 1981.

( 2 ) THE relevant facts may be taken note of. Smt. Raina Bai was a married lady. On 22-8-1980 she had gone from her village Torhi to the market within Police Station Bar, District Lalitpur to make sundry purchases. She had been accompanied by Gomti and Shyam Lal. She happened to be separated from them in the market and when she was about to return to her village, the appellant Gokul who was her uncle through village kinship met her and persuaded her to return to the village with him. She agreed as it was evening time. When both of them were passing by the temple of Bankhandi Hanuman near culvert, the appellant dragged her towards the culvert and threw her behind the bushes. Then he committed rape upon her forcibly in spite of her resistance. He had gagged her mouth so as to guard against escape of any cry from her. Two villagers, namely, Chauda son of Umrao Chaudhary and Shyam Lal son of Kunji happened to pass thereby and were attracte