( 1 ) THIS appeal is filed by appellant Lakhan Lai challenging the legality and correctness of the judgment and order dated 15-5-2001, passed by Additional Sessions Judge, Khandwa whereby the appellant has been convicted for the offences punishable under Sections 376 (1), 366 and 506, Part II of Indian Penal Code and sentenced to R. I. for ten years and fine of Rs. 1,000. 00, R. I. for five years with fine of Rs. 300. 00 and R. I. for one year with fine of Rs. 100. 00, respectively. All the above sentences of imprisonment were directed to run concurrently.

( 2 ) THE prosecution story unfolded during the trial is that in the intervening night of 7th and 8th April, 2000 prosecutrix Swati was sleeping in her house. Her parents and siblings were also sleeping in the house. At about 3 a. m. appellant armed with an axe entered the house of prosecutrix. He collected her wearing apparels and caught hold of her hand and took her with him. He gave threat to the prosecutrix that if she will shout, she will be done to death. He took her from village Kuntha to village Jamthi on foot. From village Jamthi they boarded in a truck and reached Deshgaon. Appellant went on giving threats