- (1.) This criminal appeal is directed against the judgment of conviction and sentence dated 24-12-1998 passed by Shri Tarkeshwar Prasad. Sessions Judge, Gumla in S.T. No. 181 of 1997, whereby and whereunder, the learned Sessions Judge convicted the appellant under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years.
(2.) The case of the prosecution in brief is that the victim Sabita Lakra aged about twelve years lodged a first information report alleging therein that she had gone to collect fire wood when the accused/appellant came there and caught hold her and got her down in the field and thereafter committed rape on her forcibly. She cried and weeped and also raised alarm but not none has come for her rescue. Thereafter the accused/appellant threatened her for dire consequence and directed to keep mum about the incident otherwise she would be killed. She returned to her house but could not narrate the incident out of fear. It is further alleged that after 8 to 10 days again she had gone to the village side for collecting dried leaves and again the appellant came there and caught hold her and committed rape on her forcibly for about half an hour and thereafter he threatened her to keep mum. It is further claimed that in the last December, 1997 she had gone to Tank area where the appellant again came there and caught hold her and thrown her on the ground and forcibly committed rape on her twice. Thereafter the victim came to the house and narrated the incident to her mother who told to wait for her father to return from Himachal Pradesh who had gone for livelihood and when her father came back from there she narrated the incident and thereafter the victim along with her father went to the police station and lodged a first information report.
(3.) The police investigated into the case and submitted charge-sheet against the accused/appellant. The case was committed to the Court of Session. Accordingly, the appellant appeared before the learned Sessions Judge. The charge was framed under Section 376 of the Indian Penal Code to which the appellant denied his allegation.;