V. D. BHARGAVA, J.

( 1 ) BANKEY has filed this appeal against his conviction under Section 376 read with Section 511,. P. C

( 2 ) ACCORDING to the prosecution there was one Chunni resident of Mauza Basoma, police station bisault district Budaun. On 6-11-57, which was a day previous to Puranmashi, Chunni along with his son Jai Lal went to Asafpur railway station on his way to Chaubari for taking a dip in the Ganges. He left the ladies and children at the house. Since the train was to leave in the night, they had gone a little earlier and they were sleeping] at the railway station. It is alleged that the accused taking the opportunity of the absence of the adult male members of the family entered the house at about 10 Oclock in the night, caught hold of Smt. Tufania, wife of Jai Lal who was sleeping alone in the Kothri and forcibly wanted to remove her dhoti and to have sexual intercourse with her. Tufania is alleged to have resisted. Thereafter her mother-in-law Smt. Dbarmfa arrived. Both of them raised alarm. Other witnesses also arrived upon which the appellant ran away. Kehri and ram Kumar are the persons who had come. They were also going for having a dip in the Ganges, and when

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