1. - The abovenamed accused-appellant has preferred this appeal against the judgment and order dated 15.7.1999 passed by the learned Special Additional Sessions Judge (Women Atrocities), Sri Ganganagar in Sessions Case No. 271/97 by which he convicted accused-appellant for the offence u/ sections 376 & 450 IPC and sentenced in the following manner :

2. The facts giving rise to this appeal, in short, are as follows:-

On 5.5.1997 at about 5.10 p.m. PW 2 Birma Devi lodged a written report Ex.P /1 before PW 6 Narendra Kumar Sharma, SHO, Police Station Padampur stating inter alia that on 8.5.1997 she was sleeping with her three small children in her house (23 BB Bera) and her husband PW 4 Kashiram was not there and had gone to Banwali Tehsil Sadulsahar and at about 12.00 in the mid-night, accused-appellant, who lives near her house, came to her house and took her orni (clothe) and shut her mouth by orni and at that time, he was having sword and he was in the state of intoxication and he took her to another room and put her on the ground and after raising her gagra, he committed rape on her. It is further stated in the report that her mouth was tied with clothes, therefore, she could not raise hue and cry and during the struggle when she resistod, her bangles of glasses were broken and her orni was also torn and after that incident, she removed orni from her mouth and made hue and cry and after hearing her cries, PW 5 Maluram (Jeth of PW 2 Birma Devi) came there and seeing him, accused-appellant ran away from the scene and while running, accused-appellant threatened that in case this incident is told to anybody, she will face dire consequences. It is further stated in the report that after this incident, on the next day i.e. on 4.5.1997, she summoned her husband PW 4 Kashi Ram and Panchayat was called in the village, but accused- appellant did not attend the Panchayat and refused to come there and, thereafter, this report has been lodged.

On this report, police registered FIR Ex.P/2 and started investigation. During investigation, bangles of PW 2 Birma Devi were seized through Ex.P/4. The accused-appellant was arrested through Ex.P/6. The prosecutrix PW 2 Birma Devi was got medically examined by PW 7 Dr. Harbans Khanna and her report is Ex.P/5. The accused-appellant was also got medically examined and his report is Ex.P/ 7.

After usual investigation, police submitted challan against the accused-appellant in the Court of Magistrate and from where the case was committed to the Court of Session and, thereafter, the case was transferred to the learned Special Additional Sessions judge (Women Atrocities), Sri Ganganagar.

On 18.10.1997, the learned Special Additional Sessions Judge (Women Atrocities), Sri Ganganagar framed charges against the accused-appellant under sections 376 & 450 IPC. The charges were read over and explained to the accused-appellant, who pleaded not guilty and claimed trial.

During trial, the prosecution examined as many as 9 witnesses and got exhibited some documents. Thereafter, statement of the accused-appellant under section 313 Cr.P.C. was recorded. In defence, one witness DW 1 Sarwati has been produced and three documents were also got exhibited.

After conclusion of trial, the learned Special Additional Sessions Judge (Women Atrocities) Sri Ganganagar through his judgment and order dated 15.7.1999 convicted the accused-appellant for the offence under sections 376 & 450 IPC and sentenced in the manner as stated above holding inter alia :

1. That the prosecution has prove