JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.09.2019 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal No. 875/2000, by which the High Court has dismissed the said appeal preferred by the appellant-accused and has confirmed the judgment and order of conviction and sentence dated 31.07.2000 passed by the learned Sessions Judge, Dewas (hereinafter referred to as the learned ‘trial Court’) in Session Trial No. 05/2000 convicting the accused for the offence punishable under Section 376 IPC and sentencing him to undergo 7 years rigorous imprisonment with fine of Rs.500/-with default stipulation, the original accused has preferred the present appeal.

2. As per the case of the prosecution, in the intervening night of 9th August, 1999 and when the husband of the victim/prosecutrix went to another village and she was alone and she was sleeping in her room, the accused jumped the wall and entered into the room of the prosecutrix. Seeing the accused the prosecutrix woke up and in the light of the bulb she identified the accused. Then the accused pressed the mouth of the prosecutrix and committed rape and therea