Pradeep Kumar, J. - (1.) ON repeated call, but nobody appeared on behalf of the Appellant to argue the case. On the request of the Court, Mr. M.B. Lall, argued the case on behalf of the Appellant as amicus curie.
(2.) THIS appeal is directed against the judgment of conviction and order of sentence dated 20.6.2002 passed by Shri S.K. Kartiyar, Additional Sessions Judge, IV, Dhanbad in Sessions Trial No. 43 of 2000, by which judgment he found the Appellant guilty under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for 7 years. It is submitted by the learned Counsel for the Appellant as amicus curie that the conviction of the Appellant is based only on the evidence of the prosecutrix -P.W.4, which is not reliable. Since, according to the prosecution story as given by the prosecutrix that she was taken to a ditch by the Appellant and she was thrown into the said ditch and rape was committed upon her. She received injury on her back at 4 or 5 places and there was cut injury also, but the doctor has not found any such injury. In that view of the matter, her claim that she was raped, has not been even reasonable doubt and acquitted from the charges.
(3.) ON the other hand, learned Counsel for the State has opposed the prayer and submitted that the evidence of the prosecutrix as well as the evidence of her two sons -P. Ws. 1 & 5, shows that the Appellant committed rape upon the prosecutrix, at least, he committed the offence under Section 354 of the Indian Penal Code as he attempted to molest her.;