JUDGMENT (ORAL)

Dr. E.S. Da Silva, J. - The appellant is an accused in the Sessions Case No. 40 of 1989. He has been convicted by the learned Sessions Judge, Margao, for an offence of rape punishable under Section 376 of I.P.C. and sentenced to undergo 7 years of Rigorous Imprisonment and to pay a fine of Rs. 2,000/- or in default to undergo 1 year of Rigorous Imprisonment.

2. It appears that on 9.9.1989 the complainant Miss Shoona Burd who is a British National and had come to Goa as a tourist along with a friend by name Susan Wallwork, was staying in Room No. 33 of 'Colmar' Hotel at Colva. The appellant Ahmed Shaikh Hussain Ibrahim who is a Somali National was also putting up in Colva in another Hotel by name 'Viney' Hotel. It is said that on the night of 9th to 10th September, 1989, when the complainant after dinner went to her room at Colmar Hotel, the appellant who was standing behind her when the door of the room was opened suddenly pushed her inside the room and wielding a knife threatened to kill her in case she raised any alarm. Thereupon the door of the room was locked from inside and the appellant under threats with a knife ordered the complainant to undress and made her