(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 Section 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:
(3.) In support of its case, prosecution has examined Nathuram (PW-1, father of the prosecutrix), Lachhiram Sahu (PW-2, brother of the prosecutrix), Altaf Khan (PW-3), Sohan Sahu (PW-4), Prosecutrix (PW-5), Mehrunisha (PW-6), Ravi Kumar Sen (PW-7), Rajesh Singh Chandel (PW-8), Muniram (PW-9), Fagalu Ram (PW-10), Dr. Smt. Ujwala Dewangan (PW-11), Dr. Vandana Gupta (PW-12), Sub-Inspector K. P. S. Paikara (PW-13), Patwari Toomanlal Devhari (PW-14), Dr. S. K. Mandage (PW-15), Dr. Sunil Singh (PW-16) and Head Master Ghanshyam Singh Thakur (PW-17).