1. Feeling aggrieved by the judgment of conviction and order of sentence dated 12.11.2009 passed by learned Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Seoni District Seoni in Sessions Trial No.61/08 convicting the appellant under section 376 IPC and thereby sentencing him to suffer imprisonment of 7 years RI and fine of Rs.1,000/-; in default of payment of fine additional RI for six months, the appellant has knocked the doors of this Court by preferring this appeal under section 374(2) of the Code of Criminal Procedure, 1973.

2. Sans unnecessary details the facts lie in a narrow compass. Suffice it to say that the appellant carried the prosecutrix in the field and nearby the bushes he committed rape over her. The FIR (Ex.P-2) was lodged by her brother, namely, Tirath on 17.7.2008. On lodging of the first information report, the criminal law was triggered and set in motion. The investigating agency sent the prosecutrix for her medical examination. The investigating agency in furtherance to its investigation prepared the spot map; recorded the statement of witnesses; and sent the accused for medical examination.

3. After the in