- (1.) THIS appeal has been preferred by the sole appellant named above against the impugned judgment and order dated 18.1.2003 passed in Sessions Case No. 218 of 2002 by Shri Ram Babu Gupta, Additional Sessions Judge, Fast Track Court No. II, Deoghar whereby and whereunder he has found the appellant guilty for the offence punishable under Section 366 -A/34 of the Indian Penal Code and has convicted him and sentenced him to undergo RI for eight years and to pay a fine of Rs. 20,000/ - and in default thereof to undergo simple imprisonment for one year and out of the fine amount 60% of it shall go to the complainant, i.e., father of the victim.
(2.) THE prosecution case has arisen on the basis of the complaint petition (Ext. 2) lodged on 24.8.2001 against the appellant beside one co -accused Arjun Yadav by PW 1 Bhim Sah, the father of Sarli Kumari aged about 13 years who is the victim of this case before the Court of Chief Judicial Magistrate, Deoghar regarding the occurrence which is said to have taken place on 12.9.2000 and it continued till 14,8.2001. The prosecution case, in brief, is that Sarli Kumari is the daughter of the complainant and she is aged about 13 years and on the day of the occurrence at about 12.00 O 'clock in the day she had gone for nature 'scall near Kuria Bandh in village Rohini, P.S. Jasidih, District Deoghar and appellant came there all of a sudden and poured some dusty material on her face as a result of which she became drowsy and lost her control and she was then lifted by the appellant and boarded on his bicycle and the appellant took her on his bicycle and in the mid way she has lost her consciousness. It is alleged that said Sarli Kumari regained her consciousness and found herself in an unknown house where she started crying and she was intimidated to be done to death by a person of that house if she continues to cry and insists for going back to her parent 'shouse and in course of time she learnt that the name of the said person is Arjun Yadav of village Mahadeo Nagar near Jalebia More and who had also tried several times to sexually assault her but she used to save her by raising hue and cry and in that course said Arjun Yadav had told her that the appellant had sold her to him for heavy money and on some day she will be forced to have sexual intercourse with him and, thereafter, she shall be sold to some other persons for the same purpose. It is also alleged that Arjun Yadav who is the co -accused in this case has assured her that he would sexually assault her after some period and till then she was engaged in watching the grazing of his cattle. The prosecution case further is that.a week ago when she was watching the grazing of the cattle in an open place she found a crowd of "Bol Bam" passing through and thinking that they are going to Deoghar she silently slipped away from that place and mixed herself in that crowd and she reached Deoghar on the same day from where she reached to the house of her sister Savita Devi resident of Mohalla Karnibad, District Deoghar and from there she was brought to her parents house at Rohini by PW 2, Mahesh Sah, the husband of her sister where she has narrated the incident to her father, PW 1, the complainant and on the basis of her narration, PW 1, the complainant has lodged this complaint petition before the Court of CJM, Deoghar.
(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 at the instance of the complainant who had enmity existing and alive with his agnate Ashok Sah who happens to be the son -in -law of this appellant.;