AMARESHWAR SAHAY, J. - (1.) THE sole appellant has been convicted for committing the offence under Section 376 of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for seven years by Judicial Commissioner, Ranchi in S. T. no. 616 of 1995 vide his judgment dated 4.10.1997.
(2.) BEING aggrieved by the said Judgment the present appeal has been filed. The Officer -in -charge of Pithoria Police station recorded fardbeyan of Gulshan Nisha, informant, (P.W. 1) on 8.5.1995 and on the basis of which, the F.I.R. was registered, under Section 376 of the Indian Penal Code.
(3.) THE prosecution case in short, is that the informant, Gulshan Nisha, was married with Suleman Ansari and both of them resided in the house of the informant 'smother of about four months and thereafter husband of the informant fled away deserting her. The informant was having a son aged about 3 years from her husband. When her husband did not return, she fled away with her Dewar and Nandoshi and lived with them of about 22 days but she again came back to her Naihar and started living there. It is stated that three months prior to the lodging of the F.I.R. the appellant Islam Ansari came to her house in the night at about 10 P.M. and asked the informant to have sexual intercourse with him. She objected saying that she will become pregnant but he told her that in case of pregnancy, he will marry her. Thereafter the appellant caught hold of her and thereafter forcibly committed rape on her. Since, thereafter, the appellant was regularly coming to her house in the night and used to rape her. Due to this she became pregnant and on the date of lodging F.I.R. she was having pregnancy of three months. When this fact came to the notice of her mother and brother, they asked her about the pregnancy and then she told them that she got the pregnancy from the appellant. The appellant gave her some medicine for abortion. When the victim asked the appellant to marry, he refused.;