1. By this criminal appeal under section 374 of the CrPC appellant Gopal has challenged the judgment dated 11.4.1997 passed by the Additional Sessions Judge, Shajapur in S.T. No.180/1997 whereby the appellant has been convicted for offence under sections 376(1), 341 and506 Part II of the IPC and sentenced to undergo 10 years of RI with fine of Rs.1,000/-, 1 month’s of RI and one year’s RI with fine of Rs.500/- respectively. In case of failure to pay the fine, the accused was to undergo an additional sentence of six months’ and three months’ RI respectively. The sentences were directed to run concurrently.

2. Brief facts of the prosecution case are that the prosecutrix on 4.5.1995 at 10 a.m. in the morning was returning after giving water to the cattle, when she reached near a culvert (nallah) she saw the accused Gopal Harijan and Kamal Baba. Accused Gopal caught hold of her hand and stopped her and asked Kamal to keep watch and then accused Gopal tried to molest her. She tried to shout, but he threatened to kill her and thereafter he raped her. She shouted for help, but nobody had come. Thereafter the accused ran away from the spot along with accused Kamal. On returning home