Amareshwar Sahay, J. - (1.) THIS appeal has been filed by the sole appellant against the judgment of conviction and order of sentence dated 15/12/2006 and 18/12/2006 respectively passed by the Additional Sessions Judge, FTC -IV, Deoghar in S.T. No. 202 of 2005/ 83 of 2006, whereby he has been convicted for the offence under Section 376 IPC for committing rape upon the prosecutrix Priti Kumari Keshri and, thereby, has been sentenced to undergo R.I. for a period of 10 years and to pay a fine of Rs. 5000/ - and in default of payment of fine to further undergo 3 months imprisonment.
(2.) THE prosecution case in short is that on 31/12/2004 the prosecutrix Priti Kumari Keshri was alone in her house. On that day at about 4.30 P.M. she went out to fetch water and then came back to her house. Thereafter, in order to go the shop of her father, while she was going to lock the doors, the appellant Pintu Paliwar came there and forcibly took away keys from her hand, opened the door, gagged her mouth and forcibly took her inside the room. Thereafter, the appellant forcibly laid her on the ground and after undressing her, committed rape on her. After commission of rape he threatened her not to disclose the matter to any one otherwise to be prepared to face the consequences. On the basis of the written report, FIR was registered under Section 376 of the India Penal Code. The police after completion of investigation submitted charge sheet against the appellant under Section 376 IPC. Thereafter, cognizance was taken and the case was committed to the Court of Sessions. In order to establish the charges altogether 6 witnesses were examined on behalf of the prosecution, out of whom, PW -1 is Srinath Keshri, PW -2 is Manoj Keshri, PW -3 is Santoshi Devi, PW -4 is the informant Priti Kumari Keshri, i.e. the victim herself, PW -5 is Dr. Minu Mukerjee, is one of member of the Medical Board, who medically examined the victim girl on 31/12/2004, i.e. on the same day of the occurrence. She proved the report of the Medical Board and PW -6 is the Investigating Officer of the case.
(3.) DURING the investigation the prosecutrix PW -4 was also examined under Section 164 Cr.P.C. Which has been marked as Ext. -3 on behalf of the prosecution.;