1. This appeal is directed against the judgment dated 18-9-2002 delivered by Shri N. D. Ekka, 4th Additional Sessions Judge (Fast Track Court), Janjgir in Special Case No. 508/2001 whereby the appellant was convicted under S.376(1) and S.506, Part II of the IPC and was sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 500/-, in default of payment of fine, to undergo further R. I. for three months under S.376(1) and to undergo R. I. for two years under S.506, Part II of the I.P.C.

2. Briefly stated the prosecution story is that Prosecutrix PW 15, aged about 13 years, is the daughter of Ambika PW 2 and Ramkishun PW 5. On 26-10-2001, she along with Ku. Pushpa PW 18 and Ku. Meena D. W. 1 had gone to witness Dussehara festival in which the effigy of Ravana was burnt in the outskirts of the village Tanaud. At about 7.00 p. m. after festival was over the prosecutrix PW 15 was returning home alone. Near the village tank while she was attending a call of nature, the accused appellant came there and caught hold of her, kissed her, forcibly lifted her and took her towards the bushes near the tank, forcibly undressed her and committed rape on her. The prosecutrix said t