VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellant has been directed against the impugned judgment and order dated 16.4.1998 passed in Session Trial No. 22 of 1997/9 of 1997 by Sri Amod Prasad Ram, 1st Additional Sessions Judge, Dumka, Santhal Pargana whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 200/ - and in default thereof to undergo further R.I. for two months.
(2.) THE prosecution case has arisen on the basis of the written report of PW 10 Purnima Mandal, the informant and the alleged victim of ravishment in this case lodged before the Kundahit PS on 4.6.1996 at 11.30 hours regarding the occurrence which is said to have taken place on 3.6.1996 at 20.00 hours in the bush behind the house of PW 11 Mamta Rani Mandal, wife of Manik Chandra Chatterjee in village Kamlia P.S. Kundahit District Dumka now Jamtara and a case against the appellant was instituted by drawing of a formal FIR (Ext. 3) on that very day at 11.30 hours which was received on 5.6.1996 in the Court empowered to take cognizance. The prosecution case, in brief, is that PW 10 Purnima Mandal, the informant is an orphan girl and none to look after her and she is working as a maid servant for her livelihood in the house of Manik Chandra Chatterjee, the husband of PW 11 Mamta Rani Mandal and on the last Saturday he along with his family had gone to attend a marriage asking her to look after his house in his absence. It is alleged that at about 20.00 hours on 3.6.1996 she had sat for natures call in the bush backside of the said house and in the meantime, the appellant came from behind and stuffed her mouth by clothes and has ravished her and in course of ravishment she anyhow managed to remove the clothes and raised alarms and PW 1 Bhagwati Mandal, the wife of Nimai Mandal who was sleeping in the courtyard of the said house came there and she rescued her and thereafter she and said Bhagwati Mandal narrated the incident to the villagers and on their advice she was coming to the police station to lodge the case in the company of said Bhagwati Mandal. It is also alleged that when she was coming to the police station Srinath Mandal, Lakhan Mandal, Smt. Biniti Mandal and Kumari Shanti Mandal prevented her and they also assaulted her when she was weeping and they brought her to the house of Manik Chandra Chatterjee and finding an opportunity in their absence, she managed to come to the police station through jungle and verbally narrated regarding the incident to the police officials at the police station and thereafter she has lodged her written report in respect thereof.
(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 he has been falsely implicated in this got up case as he has refused to marry the informant under the pressure of PW 1 Bhagwati Mandal, PW 11 Mamta Rani Mandal and her husband Manik Chandra Chatterjee as the said Manik Chandra Chatterjee has illicit relationship with the informant.;