VISHNUDEO NARAYAN, J. - (1.) THIS appeal is directed at the instance of appellant named above against the impugned judgment and order dated 15.12.1997 passed in Sessions Trial No. 683 of 1996 by Shri Ravindra Nath Verma, 2nd Additional Judicial Commissioner, Khunti whereby and whereunder the appellant was found guilty for the offence punishable under Section 376(2)(e) of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years.
(2.) THE prosecution case has arisen on the basis of the FIR of PW 5, Behulia Devi, a pregnant woman aged about 18 years and the alleged victim of ravishment, recorded by PW 12, Deo Narayan Saha, O/C Arki P.S. who is also the I.O. of this case, on 8.6.1996 at 18.00 hours - regarding the occurrence which is said to have been place on that very day at 11.00 hours in the paddy mill situate in village -Naurhi, Police Station -Arki, Khunti, District -Ranchi and the FIR has been received on 10.6.1996 in the Court empowered to take cognizance. The prosecution case, in brief, is that PW 5, Behulia Devi, the informant was residing in her parents house in village - Naurhi with her husband PW 2 Ashanath Machhuwa and there is a paddy mill of the appellant in the said village. It is alleged that the informant went to the said paddy mill at 11 'o clock in the day on 8.6.1996 with paddy for milling rice and she found two or three persons already present there with their paddy for milling. It is alleged that the appellant sent her to the shop of one Radha Sahu for purchasing indigo and when she returned from the said shop, the aforesaid two or three persons had left the paddy mill by then. It is alleged that the appellant forcibly caught her hand and dragged her inside the room of the paddy mill and felled her on the ground, and after pulling up her clothes ravished her inspite of her entreaty and cry and the informant thereafter came to her house weeping and narrated the incident to her mother who in turn informed in respect thereof to PW 6, Devendra Nath, PW 8, Padmakar Munda, PW 7 Gandharb Singh Munda and PW 10 Subodh Chandra Roy and one Sheo Charan Swansi. It is also alleged that there were seminal stains on her clothes. It is also alleged that the informant has also narrated the incident to her husband PW 3, Ashanath Machhuwa.
(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 he has been falsely implicated in this got up case by the informant at the instance of Randeep Acharya, Rameshwar Acharya and Delip Acharya, who were inimical to him and the enmity between them is existing and alive and they figure as accused in the case ' regarding the murder of the two brothers of this appellant.;