( 1 ) SESSIONS Judge, Rewa in s. T. No. 185/89 vide impugned judgment dated 17-7-91 recording conviction of appellant under Section 376 of the I. P. C. sentenced him to undergo R. I. for a. period of 5 years. Being aggrieved, appellant has preferred this appeal under Section 374 (2), cr. P. C.

( 2 ) PROSECUTRIX (PW/2) per post sent a letter dated 14-4-89 (Ex. P/l) to the Police stating inter alia that while she was working at the residence of Abdullah (PW/3) she came in contact with the appellant and remained indulged in sexual intercourse since february 1988. As a result in the month of november-December she conceived a pregnancy. Appellant developed intimacy on assurance of marriage, however, the pregnancy being disclosed appellant suggested for an abortion. Prosecutrix (PW/2) declined to abort and a week before 20-5-89 delivered a female child. On the basis of letter (Ex. P/l)the police on its own recorded FIR (Ex. P/e)on 19-5-89 and sent the prosecutrix (PW/ 2) for medical examination. Dr. Smt. S. B, nema (PW/9) on examination found the prosecutrix (PW/2) being habitual of sexual intercourse. Accordingly report (Ex. P/4) was recorded and the prosecutrix (PW/2) was referred to o

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