AMARESHWAR SAHAY, J. - (1.) THE appellant who was charged under Section 376 I.P.C. after being tried was convicted for committing the offence under Section 376 I.P.C. and thereby was sentenced to undergo R.I.for 10 years by the 5th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 19 of 1992.
(2.) BEING aggrieved by the judgment of conviction and sentence, the appellant has preferred the present appeal. The prosecution story in short is that on the date, time and place of occurrence the informant Sajda Khatoon (P.W.5) was returning at about 6. p.m. to her house from the house of Naseera, at that time the appellant Ahtesham Ali who was standing near his house and whose house is very close to the house of informant, seeing her, came there, caught hold of her, gagged her mouth, took her forcibly in his room and then on the point of dagger committed rape on her. She remained in the said room for 3 hours, she was brought out from the room at about 10:00 p.m. and then she was told by the appellant that he would marry her, if anything happens. The informant returned to her house and on being asked by her mother, she told that she was returning after reading. It is further stated that after 2 -3 days of the said occurrence, in the evening at about 6 p.m., when the informant was going to call her mother and while coming back, the appellant Ahtesham Ali seeing the informant again caught her hands and took her in his room and then committed sexual intercourse with her and he released her at about 8 p.m. and again he assured her that he would marry her and that there was nothing to be afraid and at the same time she was also told that if she disclosed the occurrence to anybody, she would be killed by bomb. Out of fear, she did not tell anything about the occurrence to anybody.
(3.) THE further case of the prosecution is that on 07.04.1991 the informant was having pain in her stomach., then she went to P.W. 1 Dhano Devi a midwife who examined her and then disclosed that she (informant) was carrying pregnancy. On hearing this she fainted and then her mother was called. On query by the mother, the informant said to have narrated the entire story about the commission of rape by the appellant. Thereafter the informant's mother called Ahtesham AIi, the appellant, and then on being confronted, he asked to take the informant to the Doctor M.N. Sinha to abort the pregnancy and he also paid Rs. 400/ - for meeting the expenses. The said midwife took the informant to Dr. M.N. Sinha, who examined the informant and thereafter cleaned the pregnancy. It is further stated that the news of rape by the appellant spread in the village and thereafter a Panchayati was held in which the father of the appellant Shaukat Ali was called and was requested by the villagers that the marriage of the appellant should be performed with the victim but Shaukat Ali, the father of the appellant refused. The informant subsequently learnt that the appellant and his father opened fire from their Rifle and Gun causing injuries to some persons.;