Dilip Kumar Sinha, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence recorded by Shri Satish Chandra Singh, 1 Additional Sessions Judge, Godda in Special Case No. 26 of 2006 arising out of Godda P.S. Case No. 288 of 2006. The Petitioner was convicted under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous, imprisonment for 7 years and to pay fine of Rs. 5,000/ - (Five thousand) with default stipulation.
(2.) THE prosecution story in short was that in the night of 09.08.2006 at about 11 p.m. the daughter of the informant Tersa Soren, aged about 12 years when came out for urination, she was caught hold by the Appellant Ashok Kumar Yadav on the point of dagger and the Appellant after gagging her mouth ravished her on a 'Chauki'. The Appellant after commission of the offence threatened her of dire consequences in case she reported the matter to else. She immediately returned after escape of the Appellant and narrated the occurrence to the members of her family. The matter was conveyed to the father of the Appellant, who though assured "Panchayati" but the informant and the other members were abused by calling them tribes. A complaint was filed in this regard before the Court of C.J.M., Godda on 30.08.2006 of the occurrence which took place on 09.08.2006 and the complaint petition was sent under Section 156(3) of the Code of Criminal Procedure and accordingly a police case was registered and the charge -sheet was submitted under Section 376 of the Indian Penal Code as also under Section 3(i)(xii) S.C. and S.T. (Prevention of Atrocities), Act, 1989 accordingly, cognizance was taken for the said offence. The Appellant was put on trial after framing of charge and his statement was recorded thereafter under Section 313 Code of Criminal Procedure wherein he was confronted with the incriminating materials brought on the record during course of trial against him wherein he expressed his innocence. Six witnesses altogether were produced and examined on behalf of the prosecution. The victim P.W. 4 Tersa Soren testified after her age was assessed about 14 years that in the night of 09.08.2006 at about 11 O'clock when she went out from her house for urination and was returning after answering the call, she was caught hold by the Appellant from her behind who gagged her mouth with clothes, lifted her and brought her on a "Chauki" where she was ravished on the point of knife. She admitted that she remained silent at the time of occurrence but she returned back home immediately and narrated the occurrence to her parents, relatives and neighbours. She admitted that complaint was drafted at her instance wherein she had put her signature and she proved Ext. 1. She identified the Appellant in the dock. She denied the suggestion that instant was the false case instituted against the Appellant in order to put undue pressure on him and one Ruplal Hernbram. P.W. 2 & 3 were the neighbours of the victim who admitted to be hearsay witness having derived information from the prosecutrix complainant. P.W. 1 the mother of the victim girl Tersa Soren testified that admittedly she was not the eye -witness of the occurrence but she was apprised by her daughter about the rape being Committed on her by the Appellant on the point of knife when she had gone out of the house in the night for urination and was returning back to her home. She further testified that her daughter (victim) narrated the occurrence before her and other members of the family to which a "Panchayati" was also held but no solution could be arrived at.
(3.) THE victim girl Tersa Soren was examined by P.W. 5 Dr. Bandevi Jha on 14.10.2006 at Sadar Hospital, Godda who found the following: P.W. 5 further testified that the girl had changed clothes and had also taken bath. No external injury was found on the examination of whole of her body. During internal examination moderate growth of black pubic hair were found but no injury was seen at or around her private part. No foreign hair was present and that no abnormal discharge was also found. Hymen was old ruptured. Veginal opening admitted two fingers loose and on microscopic examination of veginal swab, no spermatozoa was found but epithelial cell, were present. In the opinion of the witness lady Doctor, the victim girl had undergone sexual intercourse in past and that she proved the medical examination report of the victim Ext. 2. In the cross -examination the Doctor further opined that Tersa Soren might have been in habitual sexual contacts.;