- (1.) THIS appeal has been directed by the appellant named above against the impugned judgment and order dated 13.1.2003 and 16.1.2003 respectively passed in Sessions Trial No. 177 of 2000 by Shri Binod Prasad Singh, Additional Sessions Judge, Fast Track Court No. 1. Chaibasa, whereunder the appellant was found guilty for the offence punishable under Sections 376 and 380 of the Indian Penal Code and he was convicted and sentenced to undergo RI for seven years and a fine of Rs. 1,000/ - for the offence punishable under Section 376 and in default to undergo RI for six months and the appellant was further sentenced to undergo RI for one year for the offence under Section 380 of the Indian Penal Code.
(2.) THE prosecution has arisen on the basis of the written report (Ext. 3) of PW 1, Raday Bodra lodged before Muffasil PS Chaibasa on 29.10.1999 at 11.30 hours regarding the occurrence which is said to have taken place on 25.10.1999 at 18.00 hours in the room inside the house of the informant situate in village Jugidaru, PS Muffasil, District Chaibasa and the case was instituted against the appellant by drawing of the formal FIR (Ext. 4). The prosecution case in brief, is that PW 1, the informant Raday Bodra was sleeping in her house at 6 o 'clock in the evening of 25.10.1999 and her mother and brother had gone in the field to look after the paddy cultivation and her father PW 2, Moti Ram Bodra had gone to the house of her uncle and she was alone in her house at that time. It is alleged that the appellant who is the resident of village Singijari surreptitiously entered in her house and he caught her and pulled her sari and the informant awoke and saw the appellant sitting over her and she attempted hard to get herself released and she also started slapping him and raising alarm and was also crying but she was overpowered by the appellant who ravished her. It is alleged that his father came running to her house on her cry but the appellant had fled away from there hearing the sound of running of her father. The prosecution case further is that the father of the informant saw the appellant fleeing away and he also raised alarms and her father had narrated the incident to PW 3 Vishal Bodra and other members of the family and some of the co -villagers including Laucan Gope, the husband of the sister of the appellant. The prosecution case further is that the informant, thereafter, came to another room of the house where she found the clothes scattered hither and thither and sum of Rs. 1,000/ - kept by her father was also found missing and it appears that the appellant has also committed theft of the said amount.
(3.) THE appellant has pleaded not guilty to the charges 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.;