1. Challenge in this appeal is to the judgment of conviction and sentence
dated 03.10.2019 passed by Special Judge (Protection of Children from
Sexual Offences Act, 2012) in Special Sessions Case No. 04/2018
whereby the appellant has been convicted under Section 376 (2)(i) and
(n) of the IPC and sentenced to undergo rigorous imprisonment for 10
years, with fine of Rs. 1,000/-, in default of payment of fine, to further
undergo imprisonment for three months.
2. Case of the prosecution, in brief, is that victim (PW-1) is residing in the
house of her maternal aunt (Bua) since 5-6 years back. While residing in
her maternal aunt’s house, his cousin brother (appellant) had committed
rape upon her repeatedly after giving allurement of marriage with her, by
which, she conceived pregnancy and when she informed her pregnancy
to the appellant, initially he was ready to accept her, but subsequently
refused to accept her. She went back to her mother and informed about
the incident and then she lodged written report (Ex.P-1) on 15.11.2017 to
the Police. On the basis of written report lodged by the victim, FIR (Ex.P-