(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 29-12-2008 passed by the First Additional Sessions Judge, Surajpur, District Surguja (CG) in Sessions Trial No. 159 of 2008 wherein the said Court convicted the appellant for commission of offence under Sections 450, 376 (1) and 506 Part II of the IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs.100/-, RI for seven years and fine of Rs.200/- and RI for one year respectively with default stipulations.
(2.) In the present case, prosecutrix is PW/1. As per prosecution case, on 1-1-2008 at bout 3.00 pm when prosecutrix was alone in her house, appellant entered into her house and committed sexual intercourse with her without her consent and against her will and also threatened her to kill. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.
(3.) Learned counsel for the appellant would submit as under: