(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 25-4-2001 passed by the Additional Sessions Judge, Balod, District Durg, CG in Sessions Trial No. 161 of 1998 wherein the said Court acquitted the appellant under Section 376(1) of IPC and convicted the appellant for commission of offence under Sections 363 & 366 of the IPC and sentenced him to undergo rigorous imprisonment for three years and to pay fine of Rs. 1000/- on each count, with default stipulations. Both sentences are directed to run concurrently.
(2.) In the present case, prosecutrix is PW/1. As per version of prosecution, prosecutrix was minor on the date of incident i. e. , 1- 2-1998 and she was in custody of her parents. The appellant took her from village Dadgaon on the date of incident at about 8. 00 pm and seduced her to illicit sexual intercourse. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.
(3.) Learned counsel for the appellant would submit as under: