( 1 ) APPELLANT-MOHANDAS Suryavanshi has been convicted under Sections 366 and 376 Indian Penal Code for kidnapping Chandeshwari (PW-4) from her lawful guardianship and committing rape on her and sentenced to rigorous imprisonment for five years and seven years respectively by the 1st Additional Sessions Judge, Ambikapur, in Sessions Trial No. 204 of 1985 by the judgment dated 11-1-1988.

( 2 ) THE prosecution case is that Chandeshwari (PW-4) aged about 14 years was a student of Class VIIIth in the Middle School, Chiranga and the accused was a teacher in that school. He developed infatuation towards her. On 10-4-1985 at 8. a. m. the accused came to her house with Hero Majestic Moped. He asked her to sit on the pillion seat of the moped and took her to Ambikapur. They stayed in a house where he had sexual intercourse with her three times. On 19-4-1985, he took her to his village Rampur and kept her in his house. There he had sexual intercourse with her several times. She was recovered by the police from the house of the accused on 24-4-1985. Harihar Prasad Singh (PW-5), father of the girl had reported the matter to the police on 20-4-1985 as per Ex. P. 3.

( 3 ) THE acc