T.K Chandrashekhara Das, J. - The appellant is the accused in Sessions Case NO.6 of 1991 on the file of Assistant Sessions Judge (A) South Goa, Margao. He was convicted and sentenced under Sections 342 and 376 of Indian Penal Code by the Court below.

2. According to the prosecution, on 14-21990 and 15-2-1990, the prosecutrix Kum. Meenakshi, who is a mentally retarded girl, was subjected to wrongful confinement and raped by the appellant. In convicting the appellant, the Court below has mainly relied upon the statement given by the appellant under Section 313 Cr. P.C. According to that statement, he admits that on 13-2-1990 when he was expecting some guests in his house, he saw this girl Meenakshi at around 10.00 A.M. sitting at the balcony of neighbouring house belonging to Serafio Luis and the said girl was talking to one Serafio's wife. At 11.30 A.M., on the same day, while he was returning from the market he saw the girl through his window at a distance having a small bundle in her hand and after around 12 noon his guests arrived and they had meals and left his house at around 3.00 P.M. to go to Margao to his brother's house. After sending off the guests he returned home