( 1 ) APPELLANT Halla, the sole accused person in this case, has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 18 months by the Sessions Judge, Chhatarpur, vide judgment dated 16-12-1989 in Sessions Trial No. 12/89. The appellant has been found guilty of committing an offence of rape on Mst. Shakun Bai, on 16-11-1988 at about 8. 00 a. m. in her cattle house situated at her field, commonly known as "bandhwa Khet" which is about one kilometer from her residential house. Notice for enhancement of sentence was given to the appellant by this Court on 7-2-1990.

( 2 ) BRIEFLY stated the facts giving rise to this appeal are as under :- prosecutrix Shakun Bai (PW 8), appellant Halla and the material witnesses belong to village, Dargwan, within the limit of Satai Police Station in Chhatarpur district. Shakun Bai (PW 8) was married to one Ramdas of another village about two years prior to the date of incident and had come to her parents' place at the time of incident. According to Shakun Bai (PW 8), on 16-11-1988, at about 8. 00 a. m. as she was about to milk her cow in her cattle house, the appellant suddenly came inside and asked her to have sexual intercourse with him. She protested but it had no impact on him and he forcibly pulled her down on the floor, caught hold of her breasts, lifted her "sari" and thereafter had sexual intercourse with her against her consent. Shakun Bai (PW 8) resisted and cried for help, but the appellant overpowered her and he left only after completion of the act. On hearing her cries for help, Mathura (PW 7) came to her to whom she told about the incident. Shakun Bai (PW 8) returned to her house and narrated the incident to her mother, Parmi Bai (PW 3 ). At that time, the "sari" of Shakun Bai (PW 8) was soiled with mud. Shakun Bai (PW 8) had gone to bring milk under the instruction of her mother, Parmi Bai (PW 3 ). The field of appellant is adjacent to the field of Shakun Bai (PW 8 ). Shakun Bai (PW 8) along with her mother, Parmi Bai (PW 3) and cousin Sunkaiya Chamar, went to the Police Station, Satai, and lodged the First Information Report, Ex. P12. Jageshwar Prasad (PW 6), Head Constable, recorded the report and registered crime No. 72/88 against the appellant for an offence punishable under Section 376 of the Indian Penal Code. Since Jageshwar Prasad (PW 6) found injuries on the person of Shakun Bai (PW 8) as she was complaining of pain, he referred her to District Hospital for her medical examination vide requisition memo, Ex. P8.

( 3 ) DR. Usha Khare (PW 2) examined Shakun Bai (PW 8) on 17-11-1988 and found the following injuries on her person vide her medical report, Ex. P6:-"an abrasion over right elbow surface brown in colour. Slight abrasion over left elbow brown in colour. Another abrasion over left knee brown in colour. Slight abrasion over lower lip. No injuries on private parts and breasts were found. Hymen old rupture. Opinion of rape cannot be given because she is habitual to intercourse. "dr. Usha Khare (PW 2) also prepared a sealed packet of Petticoat (Art. A) and Vaginal Smear Slide (Arts. B1 and B2) of Shakun Bai (PW 8) and handed over the same to the police for their chemical examination vide Ex. P9.

( 4 ) INVESTIGATING Officer, Ram Darsh Mishra (PW 9), seized a pair of nylon shoes from near the place of incident which belonged to the appellant vide Ex. P11. He arrested the appellant on 18-11-1988 vide arrest memo Ex. P13, and thereafter referred him for his medical examination vide Ex. P14. He also prepared a sealed packet of underwear of the appellant for its chemical examination vide Ex. P15.

( 5 ) DR. M. P. N. Khare, Assistant Surgeon (PW 1), took the X-ray plate, Ex. P5, of Shakun Bai (PW 8) and he has opined that her age was between 16 to 18 years. His report is Ex. P4. He also took the X-ray plates, Exs. P2 and P3, of the appellant and in his report, Ex. P1, he described his age to between 16 to 18 yea