This is an appeal against the judgment and order, dated 17.1.2002, passed by the learned Sessions Judge, Golaghat, in Sessions Case No.. 60/2001, convicting the accused-appellant under Section 376( 1) Indian Penal Code and sentencing him to undergo rigorous imprisonment for 7 years and to pay a Fine of Rs.5000/- and in default, to suffer rigorous imprisonment for a further period of 6 months.

2. The case against the accused-appellant as unfolded at the trial, may, in brief, be stated as follows:

On the night of 14.1.2001, when Smti Manju Gogoi was asleep at her house along with her baby and her husband had gone to his neighbour's house to watch a TV show, the accused-appellant entered into the house, at about 10.00 P.M., by forcibly opening its door, which was made of bamboo and was closed from inside with help of a bamboo pole, and on coming inside the room, the accused jumped upon Smti. Manju Gogoi, gagged her mouth with a 'chador' (a sheet of cloth used as wearing apparel) and committed rape on her. After the accused left, the victim, Manju, raised alarm. When the neighbouring people including her husband came to the place of occurrence, the victim reported to all