1. This criminal appeal is preferred by the appellant being aggrieved by the judgment dated 4.4.2003 passed by the Second Sessions Judge, Chhindwara in Special Case No.15/2011, whereby the appellant was convicted for commission of offence punishable under section 377 of IPC and sentenced for two years’ rigorous imprisonment with fine of Rs.1,000/-. In default of payment of fine amount, an additional RI for three months was directed.

2. Prosecution case, in short, is that on 1.2.1995 at about 7:30 p.m. in the evening victim Omprakash (PW1) a boy aged 15 years went to purchase some grocery from a shop in his village Jatachhapar Outpost Badkuhi Police Station Chandameta District Chhindwara. The appellant met with the complainant in the market and took him in a courtyard to a vacant quarter in front of a bank. The appellant held the neck of the complainant and directed him to remove full-pant and underwear. Thereafter the appellant inserted his penis in the anus of the complainant. After completing the act, the appellant ran away from the spot leaving the complainant there. The complainant went to one Mallu (PW2) and informed about the incident. The complainant was taken to