(1.) This appeal is directed against the judgment of conviction and order of sentence dated 29th April, 1999 passed by Additional Sessions Judge, Bemetara, District Durg in Sessions Trial No.62/96, whereby and whereunder the trial Court after holding the appellant guilty for trespassing the house of the prosecutrix and for commission of rape, convicted him under Sections 450 and 376(1) of the IPC and sentenced him to undergo R.I. for three years and to pay fine of Rs.300/-, in default of payment of fine, to undergo additional R.I. for one month and R.I. for seven years and to pay fine of Rs.500/-, in default of payment of fine to undergo additional R.I. for two months respectively. Both sentences were directed to run concurrently.
(2.) The facts, briefly stated, are as under :-
(3.) During the course of investigation, statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (for short, 'the Code'). After completion of investigation, charge sheet was filed before the Sessions Court, Durg.