JUDGMENT :

1. This appeal is directed against the judgment dated 30.9.1999 passed by the Additional Sessions Judge, Bemetara, District Durg in Sessions Trial No.189 of 1998 convicting and sentencing the Appellant as under:

Conviction Sentence

Under Section 363 of the Indian Penal Code Rigorous Imprisonment for 1 year and fine of Rs.100/- with default stipulation

Under Section 366 of the Indian Penal Code Rigorous Imprisonment for 5 years and fine of Rs.200/- with default stipulation

Under Section 376(1) of the Indian Penal Code Rigorous Imprisonment for 7 years and fine of Rs.500/- with default stipulation Sentences are directed to run concurrently

2. According to the case of prosecution, at the time of incident, age of the prosecutrix (PW1) was about 14 years. On 25.2.1998 at about 5 p.m., when the prosecutrix was going towards a nala (drainage) of her village and when she reached near the house of the Appellant, at that time, the Appellant along with co-accused Kamlabai (acquitted) came out of his house and they caught the prosecutrix. The prosecutrix tried to scream. It is alleged that she was taken inside the house and thereafter she was threatened. Thereafter both the accused person