The allegation in the grounds of appeal is that the lower court erred by misapprehending the facts against the rules of evidence, since the Defendant recognized the fact that he assaulted the victim at the end of November 2014, but did not have the intention of injury, and did not commit rape on November 28, 2015, and the lower court erred by misapprehending the rules of evidence.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

shall not be deemed to exist.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.