On October 16, 1998, KKK, the wife of the herein accused-appellant decided not to lie on their

matrimonial bed but instead stayed on the cot near the latter as she was experiencing headache and
abdominal pain due to her forthcoming menstruation. Irked, accused-appellant lifted the cot and threw
it against the wall causing KKK to fall on the floor. Terrified, KKK stood up from where she fell, took her
pillow and transferred to the bed.

On the bed, accused-appellant insinuated KKK to have sex but the latter politely declined. However,
accused-appellant forcibly pulled down KKK’s panties causing it to tear apart, KKK stayed defiant by
refusing to bend her legs. Accused-appellant stretched her legs apart and rested his own legs on
them. She tried to wrestle him away but he held her hands and succeeded in penetrating her.

On October 17, 1998, KKK decided to sleep in the children’s bedroom but the accused-appellant went
into the room and scolded KKK for refusing to sleep to their matrimonial bed, he pulled her up. MMM’s
attempt to stop her father further enraged him. He ordered the children to go out of the room and
thereafter force KKK into sexual intercourse by forcibly pulling her short and panties down, spreading
her legs apart and holding her hands, accused-appellant succeeded in having sexual intercourse with
her.