JUDGMENT

Ashim Kumar Roy, J.—In this appeal the appellant challenged his conviction under Section 376 of the Indian Penal Code and sentence to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/- with default clause as well as his conviction under Section 450 of the Indian Penal Code and sentence to suffer rigorous imprisonment for 7 years.

2. The prosecution case in brief is as follows,

“On December 24, 2004 at about 12 midnight while complainant Marami Sardar with her two years old son were sleeping in her bed room. The appellant Dipankar Paramanick, one of her neighbourer entered into her bed room by breaking the fence of her house. The appellant was recognized by her in the light of the lamp burning inside the said room. On that day both of her husband and father-in-law were at Calcutta in connection with their regular job. The appellant after entering inside the room at the point of a knife he was in his hand threatened to kill her and her son and restrained her to raise any alarm and then forcibly committed rape against her will. At the time of leaving the place the appellant also threatened to kill her and her son if she disclosed the incident to anyone.