- (1.) This appeal at the instance of the appellant stands directed against the impugned judgment and order dated 14-3-2001 and 23-3-2001 respectively passed in Sessions Trial No. 74 of 1993 by Shri Rajesh Kumar, 5th Additional Sessions Judge, Dhanbad 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 rigorous imprisonment for ten years and to pay a fine of Rs. 5000/- and in default thereof to undergo simple imprisonment for one year.
(2.) The prosecution case has arisen on the basis of the written report of P.W. 1 Parvati Devi lodged before O/C Kenduadih Police Station on 13-9-1991 at 14.00 hours regarding the occurrence which is said to have taken place on 12-9-1991 at 19.00 hours inside the jungle in village Godhar Rawani Basti, Police Station - Kenduadih, District - Dhanbad and a case was instituted against the appellant by drawing of the formal first information report on 13-9-1991 at 14.00 hours. The written report and the formal first information report have been received on 15-9-1991 in the Court empowered to take cognizance.
(3.) The prosecution case, in brief, is that the informant earns her livelihood by collecting coal and selling it and she returned to her house at 19.00 hours on 12-9-1991 after selling the coal and enquired from her elder daughter P. W. 2 Putul Kumari as to where her younger daughter P. W. 3 Champa is and on the said enquiry Putul Kumari told that the appellant had come to her house in a drunken state about one hour ago and he has taken away Champa in his lap to provide her with sweets. It is alleged that said Champa six years old and the informant went to the house of the appellant in search of her daughter Champa and the family members of the appellant could not tell her anything about the appellant and thereafter she made search for her daughter and when she returned to her house she found Putul Kumari weeping and on query she has stated that the appellant had taken Champa inside the jungle on the pretext of providing her with sweets and in the jungle he has removed the underwear of Champa and made her seated in his lap and when Champa started crying he has left her. It is also alleged that the appellant had taken away Champa with intention to ravish her.;