1. This appeal is directed against the judgment dated 13-8-2004 passed by Additional Sessions Judge, Bemetara, Durg in Sessions Trial No. 46/2004. By the impugned judgment, accused / appellant Ghanshyam alias Pappu has been convicted under S.376 (1) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 3,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months and co - accused Rupesh Kumar alias Gudda has been acquitted of the charges framed against him.

2. Case of the prosecution, in brief, is as under :
On 13-1-2004, at about 7:00 p. m., at village Bhardakala, appellant along with acquitted accused Rupesh Kumar alias Gudda induced the prosecutrix (PW - 5); took her to the house of Maharunisha (PW - 6), sister of the appellant) at Kawardha and committed sexual intercourse with prosecutrix (PW - 5) twice. Nathuram (PW - 1, father of the prosecutrix) made written complaint (Ex. P - 1) and