VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellant is directed against the impugned judgment and order dated 27.6.1998 passed in Sessions Trial No. 326 of 1997/T.R. No. 6 of 1997 by Shri Anant Vijay Singh 3rd Additional Judicial Commissioner, Ranchi whereby and whereunder the appellant was found guilty for the offence punishable under Section 366 -A and 376 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years each under Sections 366 -A and 376 of the Indian Penal Code. However, the sentences were ordered to run concurrently.
(2.) THE prosecution case has arisen on the basis of the first information report (Ext. 2) of PW 2 Sadho Tirkey, the father of PW 1 Manit Tirky @ Guddu, said to be five years old and victim of the alleged ravishment in this case lodged before Namkom Police Station on 16.9.1996 at 11.00 hours regarding the occurrence which is said to have taken place on 15.9.1996 at 19.30 hours in village Chhota Kavali, P.S. Namkom, District -Ranchi. The first information report has been received on 16.9.1996 in the Court empowered to take cognizance. The prosecution case, in brief, is that PW 1 Manik Tirkey @ Guddu was sleeping inside her house at 19.30 hours on 15.9.1996 and the informant was sitting under a jackfruit tree fifty yards from the said house and he heard the sound of opening of the door of his house aforesaid and he came there and found the door of his house open and Manit Tirkey who was sleeping on the mat inside the house was found missing. It is alleged that thereafter a hectic search was made to find her out and in course of search he found her at about 21.00 hours and on query she told the informant in her mother tongue (Sadari) that the appellant had taken her from her house and he has removed her panty under a tree and has ravished her. The prosecution case further is that thereafter the informant and others went to the house of the appellant but he was seen coming and he was apprehended.
(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 case due to village politics at the instance of one Sona Lakra.;