1. Invoking the criminal appellate jurisdiction of this Court under Section 374(2) of the CrPC, the appellant herein has called in question the legality, validity and correctness of judgment of conviction and order of sentence dated 09.06.2023 (Annexure A/1) passed by learned Special Judge (Atrocity) Additional Charge – Additional Sessions Judge (FTC), Bilaspur, District Bilaspur, Chhattisgarh in Sessions Case No.163/2021, whereby the learned trial Court while acquitting the other co-accused person namely, Madhu Shrivas, has convicted the appellant herein for offence under Section 376(2)(l) of the IPC and sentenced to undergo rigorous imprisonment for 10 years and to pay ₹ fine of 2,000/- and in default of payment of fine, sentenced to undergo additional rigorous imprisonment for 02 months.

2. The case of the prosecution, in short, is that on 11.03.2020 at around 05:30 PM, in the victim’s house at Pathakpara, Takhatpur, which comes within the ambit of Police Station Takhatpur, District Bilaspur, the appellant herein committed sexual intercourse with the major victim (PW- 06), who was suffering from moderate intellectual disability to the extent of 75% and, thereby, said to have comm