- (1.) THIS appeal at the instance of the appellant above named is against the impugned judgment and order dated 18. -11.1995, passed in Sessions Case No. 12 of 1990 by Shri Md. Shamim, 1st Assistant Sessions Judge Godda whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years for ravishing PW 4 Rubi Kumari, a girl aged between seven or eight years.
(2.) THE prosecution case has arisen on the basis of the written report (Ext. 1) in informant, PW 5 Narayan Singh, the father of PW 4 Rubi Kumari, the alleged victim of ravishment in this case lodged before Godda (Muffasil) P.S. on 8.4.1984, at 18.30 hours regarding the occurrence which is said to have taken place on 7.4.1984, at 18.00 hours in the room of the house of Shri Ram Singh (since dead) situate in village Kakana, P.S. Godda (Muffasil), District Godda. The prosecution case, in brief is that PW 5 the informant came to her house in village Kakana at 10.00 hours on 8.4.1984, from his ancestral house situate at village Kaukara P.S. Barbadda and his wife PW 3 Sanjukta Devi told him that the appellant has ravished her daughter Rubi Kumari on 7.4.1984 at about 18.00 hours and Rubi Kumari had become unconscious due to her ravishment and she has been taken to the hospital at Godda by her along with PW 1 Nagendra Prasad Singh PW 6 Kanta Prasad Singh and one Sakaldeep Singh where she was provided treatment by a lady doctor.It is alleged that Rubi Kumari regained consciousness there and she told in presence of the aforesaid persons that the appellant had caught her and took her inside the room of the house of Shri Ram Singh where he removed her pant and ravished her. It is alleged that the pant of Rubi Kumari had dry bloodstains thereon which has been handed over to the police at the time of lodging of this case. It is also alleged that Rubi Kumari is aged about seven or eight years.
(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case due to enmity.;