Short Note : 1. Appellant Chandan Singh had challenged his conviction under section 376 of the Indian Penal Code for which he was sentenced to undergo five years' rigorous imprisonment Mst. Boribai (P.W. 8) was an illiterate, deaf and dumb women and lived with her husband Budha (P.W. 2). On 12-7-1975, at about 9 or 10 PM., Boribai was sleeping in her house. The appellant entered inside the house and committed rape on her. 2. Held: The Additional Sessions Judge has mentioned that there was delay in lodging the report. He has also referred to various contradictions and inconsistencies in the testimony of prosecution witnesses. In the opinion of this Court, there is delayed report and the explanation furnished for the same is conflicting. The contradictions are on material points and the report Ex. P-3 was scribed at the instance of one Dhannu and not Boribai. The signs, if made by her, only indicated a scuffle and not sexual intercourse. In view of the above, it could not be conclusively held that the story of Boribai was corroborated and that the prosecution has succeeded in establishing the guilt against the appellant. The conviction under section 376 of the I. P. C. could not, therefore, be sustained. Rameshwar v. State of Rajasthan AIR 1952 SC 54 , Siddheshwar Ganguly v. State of West Bengal, AIR 1958 SC 143 relied on. Appeal allowed.