(1.) THE appellant was tried along with his wife Shakuntla Devi for gang rape under Section 376 (2) of the Indian Penal Code. At the end of trial Shakuntla Devi was acquitted, whereas appellant, hereinafter referred to as "the accused" was convicted under Section 376 for allegedly committing rape on the prosecutrix, in Session Case No. 9 of 2009 and Sessions Trial No. 10/2010, thus sentenced to undergo imprisonment for a period 7 years and to pay a fine of Rs. 10,000/ - with the default clause. ADMITTED FACTS.
(2.) AT the end of the trial, Shakuntla Devi co -accused was acquitted, whereas accused her husband was convicted and sentenced as aforesaid hence the present appeal.
(3.) CONTRA Shri A.K. Bansal, learned Additional Advocate General supported the impugned judgment and submitted that the statement of the prosecutrix is worth inspiring confidence and defence taken by the accused could not be probablized.