VISHNU DEO NARAYAN, J. - (1.) THIS appeal has been directed by the appellant named above against the impugned judgment and order dated 25:7:1990 passed in Sessions Case No. 13 of 1989, 4 of 1989 by Shri Om Prakash Sinha, 1st Additional Sessions Judge, Deoghar 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 five years.
(2.) THE prosecution case has arisen on the basis of FIR (Ext. 5) lodged before Karon P.S. on 4.6.1988 at 15.00 hours by PW 4, Kumari Usha Das, the informant and the victim of alleged ravishment, regarding the occurrence which is said to he taken place two days after Id festival i.e., 21.5.1988 at about 6.00 a.m. in the verandah of the Girls High School, Karon which was received in the Court empowered to take cognizance on 6.6.1988. The prosecution case, in brief, is that the informant is a class -VIII student of the said school and, she had gone to her school at about 6 O 'clock in the morning after two days of the Id festival and she was reading a book sitting in the verandah of the said school and by that time neither any student nor any teacher had come. It is alleged that appellant, Subhas Das, who is agnate of her father, Sukhdeo Das and who is by relation her nephew, came there all of a sudden and he forcibly caught her and twisted her both hands behind her back and felled her on the verandah of the school and thereafter he had ravished her. It is further alleged that she returned to her house weeping but she did not report regarding the occurrence to the members of her house as the appellant has intimidated her to be done to death. It is also alleged that prior to the occurrence the appellant used to write her love letters and she also used to write to him in reply and in the letters written by the appellant, there was always intimidation and inducement for doing illicit intercourse. The prosecution case further is that her father (P.W 1) was told about the incident through her mother (PW 2) when he had come to the house from his place of posting.
(3.) THE appellant has pleaded not guiliy to the charge levelled against him and he claims himself to be innocent and to have committed no offence and he has been falsely implicated in this case due to enmity.;