(1.) This appeal is directed against judgment dated 24.1.2005 passed by the Additional Sessions Judge, Baloda Bazar, District Raipur, in Sessions Trial No. 330/2004 convicting the appellant for the offences punishable under Sections 376 and 450 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for ten years and pay fine of Rs. 2,000 u/s 376 (1) and to undergo rigorous imprisonment for five years and pay fine of Rs. 1,000 u/s 450 IPC plus default stipulations.
(2.) Facts of the case in brief are that FIR (Ex.P-1) was lodged by the prosecutrix aged about 15 years (PW-1) on 22.7.2004 alleging that on 20.7.2004 at about 12 hours when she was all alone in her house, accused/appellant made an entry thereto, caught hold of her hand, threw her on the ground and after removing her cloths inserted his private part into her private part. While committing the sexual intercourse, the accused/appellant had gagged her mouth due to which she was not able to breathe. Meanwhile, maternal grandmother of the prosecutrix came there and on seeing her, the accused/appellant ran away.
(3.) So as to hold the accused/appellant guilty, prosecution has examined as many as 13 witnesses. Statement of the accused/ appellant was also recorded under section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.