JUDGMENT :

M.Y. Eqbal, J.

Aggrieved by the judgment and order dated 16th January, 2014 passed by the High Court of Chhattisgarh in Criminal Appeal No. 2554 of 1997 affirming the judgment dated 29.11.1997 passed by the Sixth Additional Sessions Judge, Durg, in Sessions Trial No. 342 of 1996, whereby the appellant has been convicted under Section 376 IPC and sentenced to 7 years R.I., the accused-appellant has preferred this appeal challenging the conviction and sentence.

2. This is a case where the prosecutrix, who is blind and an illiterate girl, was subjected to sexual intercourse on the promise of marriage.

3. The case of the prosecution in brief is that the prosecutrix was residing with her father at Village Nandini Khundini. Her mother had left and married somewhere else and, thereafter, the prosecutrix was living with her three brothers Nand Kumar, Iswari and Baldau. Along with brother of prosecutrix Iswari, the accused Tikendra was also studying. Because of the friendship, the accused used to visit the house of the prosecutrix and was in conversation with her. It is the case of the prosecution that when the prosecutrix used to remain alone in her house, the accused used to visit