1. This is an appeal against the judgment dated 29.11.1997 passed by the Sixth Additional Sessions Judge, Durg, in Sessions Trial No. 342/96, whereby, the appellant has been convicted under Section 376 of IPC and has been sentenced to 7 years R.I.

2. The brief facts of the prosecution case is that the prosecutrix was residing with her father and brothers at village Nandni Khundni. Her mother had left and married somewhere and the prosecutrix was living with her three brothers namely Nand Kumar, Ishwari & Baldau. Along with brother of prosecutrix Ishwari, one boy named Tikendra, the accused, was also studying. Because of the friendship, the said boy 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 Tikendra used to visit there and expressed her that he is in love with her. Further, the case of the prosecution is that at about one year before the incident, the accused came to the house of the prosecutrix when she was alone. Thereafter, the accused had told her that he is in love with her and will marry her and wanted to commit sexual intercours