1. This appeal is directed against the judgment of conviction and order of sentenced awarded to the appellant in Sessions Trial No. 389/2001 on 13-2-2002 by the Special Judge, under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Bastar at Jagdalpur, whereby the appellant has been convicted under Section 376(1), IPC and Section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Special Act') and sentenced to undergo RI for 7 years and to pay a fine of Rs.3000/-, in default of payment of fine to further undergo R.I. for 1 1/2 years and RI for 3 years and fine of Rs.2000/-, in default of payment of fine to further undergo RI for six months, respectively.

2. The case of the prosecution is that the prosecutrix Ku. Javendri @ Pushpa, a girl aged about 15 years, was subjected to sexual intercourse by this appellant for many times saying that he would marry her. As a result of their long sexual relations, the prosecutrix became pregnant on account of which, a meeting in the village was held and when nothing fruitful came out from the meeting, a First Information Report was lodged b