( 1. ) This appeal has been preferred against the judgment-dated 05.10.1998 passed by Additional Sessions Judge, Balaghat in S.T. No.106/1995 whereby the appellant, though charged with the offences under Sections 456 and 376 of the IPC, was convicted under Section 451 of the IPC and sentenced to undergo R.I. for 6 months and to pay fine of Rs.200/- and in default, to suffer R.I. for 1 month.

( 2. ) The prosecution story, in short, may be narrated as under -

(i) On 21.12.1994, Gaurishankar (PW2) had gone to Joudapat leaving his wife viz. the prosecutrix (PW1) and 8-year old son namely Kuldeep (PW6) at his house situated in village Kayadi. At about 6 p.m., the appellant came there and after ascertaining that Gaurishankar was not at home, asked Kuldeep to leave the place. Accordingly, Kuldeep proceeded towards his grandfathers house located in the same vicinity. The appellant then dragged the prosecutrix into inner room of the house and forcibly committed sexual intercourse with her and fled away. Shouts raised by the prosecutrix attracted attention of Phoolchand @ Mandari (PW3) and Sheelabai (PW8), her sister-in-law. Phoolchand called Gaurishankar who, in turn, took her the p