B.N. Karia, J.

The judgment and order dated 5th January 2002 passed by the learned Additional Sessions Judge, Bharuch in Sessions Case No. 210 of 1998 convicting the appellant-original accused for an offence punishable under Section 376 of the Indian Penal Code ["IPC" for brevity] as also sentencing him to suffer rigorous imprisonment for a term of seven years and to pay fine of Rs. 500/-; and in default thereof, to undergo further simple imprisonment for a month, is assailed in this Appeal preferred under Section 374 [2] of the Code of Criminal Procedure, 1973 ["CrPC" for brevity].

2. Facts emerging from the available record; in nutshell, read thus -

On 6th July 1998, witnesses-Police Constable Yakub Ali Patel and another Police Constable named Rameshbhai Parshottam, when were on patrolling duty near BharuchDahej Bypass, they had on their arriving near Dahej Bypass at about half past five O'clock in the evening, noticed that one rickshaw, bearing registration No. GJ-16-T-2377 was parked on the eastern side of the road. Therefore, both the police constables went closer and saw that the rickshaw driver [accused of the present appeal] was committing rape on a beggar and mentally