(1.) This appeal is against the judgment of conviction, dated 29.12.2007 passed by the learned Eleventh Additional Sessions Judge (F.T.C.) Durg in S.T. No.168/2006 whereby the appellant has been convicted under Section 376 of I.P.C. and sentenced to undergo R.I. for 10 years and fine of Rs.50,000/-, in default of payment of fine, further R.I. for 1 year.
(2.) As per the prosecution case, the prosecutrix, who is resident of village Kareli, had gone to the field to collect Pulse (Mung) and she used to work in the agricultural field of the accused. On the date of incident, in the afternoon, she went alongwith another lady namely Ahilya Bai and while they were taking lunch some animal entered into the field and having seen so Ahilya Bai left the victim alone went there to stop them grazing over the field and to drive them away. During such time, the accused/appellant came, as the victim was alone, caught hold of the hand of the prosecutrix and dragged her into a nearby pump-room and committed forceful sexual intercourse. Thereafter, the prosecutrix came back and after the incident of 3-4 days when the husband came back who was out of station, it was disclosed and eventually the report was lodged to the police. During the investigation, statement of the prosecutrix was recorded as also different seizures were made. The prosecutrix was also subjected to medical examination and after investigation, the charge sheet was filed under Section 376 of I.P.C.
(3.) During the course of trial, the appellant/accused abjured the guilt and claimed to be tried and the prosecution in this case primarily relied upon and examined the prosecutrix as PW-6, Ahilya Bai who was said to be with the prosecutrix as PW-9. Apart from the other witnesses, husband of the prosecutrix was examined as PW-5. In the statement under Section 313 of Cr.P.C., it was stated by the accused/appellant that an amount of Rs.5000/- was advanced to the husband of the prosecutrix and when he asked for return instead of returning the amount, the false report was lodged. The trial Court after evaluating the entire evidence and facts, convicted the accused under Section 376 of I.P.C. and sentenced as aforesaid; hence this appeal.