D.R. Deshmukh, J.

1. This appeal is directed against the judgment dated 23-8-2001 delivered in Sessions Case No. 212/2001 by Shri T.P. Sharma, 1st Additional Sessions Judge, Koriya (Baikunthpur), whereby the appellant was convicted under Sections 450 and 376, IPC and was sentenced to rigorous imprisonment for seven years under Section 376, IPC and to rigorous imprisonment for three years under Section 450, IPC.

2. Briefly stated the prosecution story is that on 18-3-2001, the prosecutrix aged about 16 years was alone at her residence in Village Khod, Badkapara, P.S. Patna, District Koriya. Her parents, Le., Ramadhar (P.W. 2) and Moharmunia (P.W. 6) had gone to another village. It is alleged that at about 8.00 P.M. the appellant entered the house of the prosecutrix and threatening to kill her, if she shouted, pushed her on a cot and committed rape on her twice. At about 9.00 P.M., the parents of the prosecutrix returned home. Seeing them, the appellant ran away. The prosecutrix narrated the incident to her parents. FIR was lodged vide Ex. P-l on 19-3-2001 at 3.45 P.M. by prosecutrix. The school certificate showing the date of birth of the prosecutrix as 8-7-1985 Ex. P-4 was se