(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 22/12/1999 passed by the II Additional Sessions Judge, Ambikapur, Surguja (M.P.), in S.T.No.393/98 convicting and sentencing the accused/appellant as under:
(2.) Brief facts of the case are that on 12/12/1998 at about 5 am the prosecutrix (PW-9) was in her home lying on the cot and her husband was not there as he had gone to some other place in connection with his livelihood. At that time, the accused/appellant entered her house and committed forcible sexual intercourse with her. On her raising cries, he gagged her mouth with a piece of cloth. After commission of rape while the appellant was running away from there and the prosecutrix raised alarm, the appellant assaulted her with a spade on her head. Hearing the cries, her neighbour Kasim (PW-10) reached there whom she narrated the entire incident and said Kasim also saw the appellant running away from the spot. Thereafter, report Ex.P/5 was lodged by the prosecutrix on 13/12/1998 at 3.40 pm against the appellant on which offence under Sec. 376 of IPC was registered.
(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 10 witnesses. Statement of the accused/appellant was also recorded under Sec. 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. In defence, he examined two witnesses namely Rafiq (DW-1) and Munaf Khan (DW-2).