(1.) THIS appeal is directed against the judgment and order dated 10/12.10.2000 passed by learned Additional Sessions Judge, Sonepat, whereby the appellant has been found guilty and convicted and sentenced to undergo RI for a period of ten years and to pay a fine of Rs. 5000/- under Section 376 IPC. In default of payment of fine, he was further sentenced to undergo RI for two years.
(2.) THE prosecution story, in brief, is that on 4.10.1998, prosecutrix Jeena, at about 9.10 AM, was going to the pond to wash the clothes. When she reached near the grove of Keekar trees, the accused emerged out of the cluster of the Keekar trees and pressed her mouth and took her in the grove of keekar trees and opened the string of her Salwar and raped her. She cried but the accused kept her mouth closed. On hearing her cries, Rahima wife of Hans Raj and wife of Ramesh came to the spot. The accused, on seeing them, ran away from the spot.
(3.) AFTER completion of the investigation, accused was challaned and tried under Section 376 IPC, to which he pleaded not guilty and claimed trial.