- (1.) THIS appeal has been directed by the appellant named -above against the impugned judgment and order dated 12.8.1997 passed in Sessions Trial No. 347 of 1996 by Sri B.N.P. Singh, sessions Judge, Palamau at Daltonganj whereby and whereunder he 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 four years.
(2.) THE prosecution case has arisen on the basis of the FIR (Exhibit 2) of PW 6, Noor Jahan said to be the victim of alleged ravishment of this case lodged before Haidernagar Police Station on 26.4.1996 at 7.00 hours regarding the occurrence which is said to have taken place on 25.4.1996 at 21.00 hours in the vicinity of the hillock near Devi Dham in village Haidernagar. The prosecution case, in brief, is that the informant deals in the business of basket which she used to purchase from Barwadih and on the day of the occurrence she was coming from Barwadih with the basket by a passenger train which runs in the evening and the said train stopped in front of the Haidernagar Police Station and she along with others got down from the said train and thereafter she proceeded towards her house situate in village Bhikha. It is alleged that when she was on way to her house she found some one following her and his name is Baban Ray, a home guard posted in Haidernagar Police Station who is the appellant of this case, and the said appellant threw her basket from her head and caught her and took her by side of the ditch of Aahar dragging her where she was felled on the ground. It is alleged that she raised alarms and also resisted to the actions of the appellant, but all in vain, and the said appellant pulled up her clothes and ravished her. It is also alleged that after satisfying his lust he fled away from there. The prosecution case further is that thereafter the informant went to the Railway Station and narrated the incident to PW 3 Sahiden Bibi, a resident of her village who was waiting for her arrival there and in the following morning the informant came to the Police Station in the company of her mother and lodged the FIR.
(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 the case at the instance of PW 8 Ramakant Tiwary, O.C. of Haidernagar Police Station, who had grudge and vendetta against him.;