Penal Code, 1860–Secs. 376 & 450–Conviction–Sustainability–Delay of eight days in filing FIR–No explanation–Prosecutrix is sister-in-law of appellant–Defence of appellant that a false case was set up because of matrimonial dispute with his wife–Maternal uncle of prosecutrix turned hostile–No injury upon the body of prosecutrix where as PW 1 admitted that there were small stones and sand at the place of occurrence–Opinion of trial Court that the appellant committed the offence for satisfying his lust because of depriving the company of his wife–Opinion is based on surmises and conjectures–
Story stated by prosecution is also doubtful–Held, appellant is entitled to be acquitted.
