1. The appellant has preferred the present appeal being aggrieved with the judgment dated 28.6.1996 passed by the learned First Additional Sessions Judge, Bhopal in S.T. No.445/1994, whereby the appellant was convicted for offence punishable under section 376 of IPC and sentenced with 7 years rigorous imprisonment.

2. The prosecution’s case, in short, is that, on 16.3.1994, Sadhna Bai (PW1) had lodged an FIR, Ex.P-4 in Rojnamacha at Police Station Jahangirabad, District Bhopal that her married daughter, the prosecutrix went to the school to drop her younger brother but, she did not come back. Thereafter, a search was initiated and the prosecutrix was recovered on 21.3.1994. She was produced before the Investigation Officer at Police Station Jahangirabad. The prosecutrix had informed that on 16.3.1994, when she was coming back after dropping his brother Kishan at Anand Vidya Mandir School, the appellant met her on the way and forced her into an auto-rickshaw and took her to a village of Vidisha District and kept her in the house of his relative. Also, he committed rape upon the prosecutrix. The prosecutrix was referred for her medico legal examination. Dr. Pratibha Dubey exam