JUDGMENT

Dr. Mukundakam Sharma, J.—

1. This appeal arises out of the judgment and order dated 31.01.2003 passed by the Nagpur Bench of the High Court of Bombay, convicting the appellant herein under the provisions of Section 376 of the Indian Penal Code, 1860 (for short ‘IPC’). The trial court, after convicting the appellant under Section 376 IPC sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- in default to suffer further rigorous imprisonment for six months. The said sentence was, however, altered by the High Court by awarding a sentence to undergo rigorous imprisonment for the period of one year and to pay a fine of Rs. 1,000/- and in default to undergo further rigorous imprisonment for a period of six months.

2. Facts briefly stated are as under:

Prosecutrix Shobha Bhaurao Ramteke was a working woman and was working in Battery Company at Vardhman Nagar. According to the allegations made in the First Information Report filed by her, she met the accused-appellant at Boudha Vihar situated at Seminary Hills. At the said meeting, the accused-appellant told her that he is in need of maid servant and she will be paid Rs. 400/- with meals an