1. This jail appeal has been filed by the appellant under section 374 of CrPC, against the judgment dated 3.6.2005, passed by Shri Rameshwar G. Kothe, the Third Additional Sessions Judge, Gwalior in Sessions Trial No.33/2005 whereby the learned trial Court convicted the appellant under sections 366 of IPC and sentenced to undergo 5 years RI with fine of Rs.l,000/- and also convicted the appellant under section 376(1) of IPC and awarded a sentence of RI 10 years with fine of Rs.5,000/-with default stipulations. All the above sentences have been directed to run concurrently.

2. As per the prosecution story, on 28.9.2004 at about 8:15 p.m. in the night, the appellant abducted the prosecutrix from village Sumawali Aam Road, Police Station Behat. It is alleged that the appellant had sexual intercourse with the prosecutrix and took her to various places such as Behat and Gadroli. In all these places, he committed rape on the prosecutrix. Thereafter, on the next date, the appellant-accused took her via Badagaon to Mou District Bhind by truck, where he was arrested.

3. On 3.10.2004, a report of the incident was lodged at Police Station, Behat, District Gwalior. The prosecutrix was