JUDGMENT :

1. This criminal appeal filed by the appellant-accused under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 24.07.2002, passed by 3rd Additional Sessions Judge, Raipur, in Sessions Trial No.2/2002, whereby the appellant-accused has been convicted for offence punishable under Section 376(1) of IPC and sentenced to R.I. for 7 years with fine of Rs.5,000/- and, in default of payment of fine, to further undergo additional rigorous imprisonment for six months.

2. Briefly facts of the case is that the 12 year old minor (PW-8) lived with her parents and siblings in village Silyari, district Raipur. In the same neighborhood, the appellant Raju alias Rajkumar also lived with his family and a medicine shop is situated in front of his house. On the date of incident i.e. 12/10/2001 in the evening, when the prosecutrix went to the shop of the appellant to buy refills, then the appellant by wheedling the prosecutrix and he took her to the house and had sexual intercourse with her. On the next day i.e. 13/10/2001, the appellant again took inside his house and had sexual intercourse with her. The victim/prosecutrix did not te