C A V Judgment

1. The present appeal under Section 374(2) of Code of Criminal

Procedure has been filed against the the judgment of conviction and order of sentence dated 16.10.2003 passed by 6th Additional Sessions Judge, Raipur in Sessions Trial No. 200/2003 whereby, the trial court has convicted the appellant and sentenced him as under:-

2. Facts of the case in nut shell are that the prosecutrix went to collect the wood sticks and when she was collecting the sticks, the appellant went there asked her to get down and when she got down and started running, the appellant caught hold of her and committed rape on her. Due to which the prosecution got pregnant. Thereafter, the matter was reported to the concerned police station. After completion of usual investigation, the charge- sheet was filed before the Judicial Magistrate First Class, Raipur under Sections 376 and 506(B) of IPC and thereafter the charges under Sections 376 and 506 of IPC were framed by the learned trial Court against the appellant, to which the appellant