The accused/appellant dragged the prosecutrix inside his house, threw her on the cot, pressed her mouth and insisted upon her for permitting him to have sex with her at least once. Refusal by the prosecutrix made the accused/appellant tear of her sari and petticoat. In the meanwhile, her husband namely Chhannulal (PW-3) and brother-in-law ( Devar ) namely Poshan Vishwakarma (PW-5) came there and broke open the door, and then she somehow managed to come out by pushing the accused/appellant aside, and after reaching home she disclosed the incident to her husband and the people present there. On the basis of written report (Ex.P-1) given on the same day at about 8.15 PM, FIR (Ex.P-2) came to be registered for the ofences under Sections 342, 366, 354-A (1) (i), 354-A (1)(ii) and 354-B IPC were registered against the accused/ appellant. After getting the prosecutrix medically examined, and getting other investigation related formalities completed, chargesheet was fled against the appellant under the same sections as contained in the FIR. Court below however framed the charge under Sections 342, 366, 354-A, 354-B and 376/511 IPC.
