( 1 ) APPELLANT Mishrilal has been convicted under Sections 366 and 376 I. P. C. and sentenced to rigorous imprisonment for five years and seven years respectively.

( 2 ) AFTER hearing the learned counsels for both the sides and after careful scrutiny of the evidence on record this Court is of the opinion that the conviction of the appellant for the aforesaid offence is not sustainable. Krishnabai (P. W. 3) is the prosecutrix. She is a married woman. She has been found to be more than 18 years of age by the trial Court. She has deposed that she was in village Dhanwada where her husband Gulabdas (P. W. 5) had come to learn the work of tailoring with his mousa Anokhilal (P. W. 4 ). She was alone in the house on the date of incident as her husband had gone to work as labourer in a field in the same village. Accused Mishrilal came to her house and represented to her that her mother is seriously ill mid if she wants to see her face alive she must accompany him. Her mother is living in village Sodalpur. She left with the accused without informing anyone in village Dhanwada that she is going with the accused. They reached Harda and stayed in a hotel. The accused took the p