Meenakshi Madan Rai, J.

1. The Appellant is before this Court, assailing the Judgment and Order on Sentence, both dated 17-08-2015, of the Learned Judge, Fast Track Court, South and West Sikkim, at Gyalshing, in Sessions Trial (F.T.) Case No.09 of 2014, convicting and sentencing him as follows;

(a) to undergo rigorous imprisonment of seven years and to pay a fine of Rs.1,000/- (Rupees one thousand) only, under Section 376 of the Indian Penal Code, 1860 (for short “IPC”).

(b) Simple imprisonment for a period of one year under Section 506 of the IPC and

(c) Simple imprisonment for a period of one year and fine of Rs.5,000/- (Rupees five thousand) only, under Section 457 of the IPC.

The default stipulations appears jointly for Sections 376 and 457 of the IPC. The sentences of imprisonment were ordered to run concurrently, duly setting off the period already undergone by the Appellant.

2. The Prosecution case is that, Exhibit 1, a written FIR was received from P.W.1, the victim, on 08-07-2014, informing therein that, on 07-07-2014 at around 10 p.m. while she was alone and asleep in her house, the Appellant tore the plastic ceiling of her house, entered therein and sexually assaulte