( 1 ) THIS appeal under section 378 of Cr. P. C. has been preferred against the judgment of conviction passed by IIIrd Additional Sessions Judge Ratlam in S. T. No. 213/1992 dated 24/7/1993 holding appellant guilty for the offence punishable under Section 376 of IPC and sentencing him with rigorous imprisonment for 7 years and fine of Rs. 5,000/- with a direction to undergo three months' additional rigorous imprisonment in default of payment of fine.

( 2 ) THE case of the prosecution before Trial court in short was that on 17/5/2002 at about 1. 00 pm when prosecutrix PW-1 was alone in her residence, then appellant-accused goverdhan came there and enquired about her husband. Prosecutrix informed him that her husband has gone out and will be coming back by evening. Thereafter appellant while talking to the prosecutrix entered inside her house wielded a knife from his pocket and threatened complainant-prosecutrix and thereafter committed forcibly sexual intercourse with her, after completing the act he gave one rupee note to the prosecutrix and asked her not to tell anybody about this incident and thereafter left the place. The incident was narrated by the prosecutrix to her husband n

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