VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellant named above is directed against the impugned judgment and order dated 08.07.1998 and 10.07.1998 respectively passed in S.T. No. 195 of 1997/T.R. No. 29 of 1997 by Sri Anant Vijay Singh, 3rd Additional Judicial Commissioner, Ranchi whereby and whereunder the appellant was found guilty for the offence punishable under Sections 376, 323 and 448 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years, one year and one year for the offence under Sections 376. 323 and 448 of the Indian Penal Code respectively. However, the sentences were ordered to run concurrently.
(2.) THE prosecution case has arisen on the basis of the written report of PW 6 Lila Kumari, the informant, said to be the alleged victim of ravishment lodged before Dy. S.P. Silli, Ranchi on 19.07.1996 regarding the occurrence which is said to have taken place on 15.07.1996 at 10.30 hours in her house situate in village Silli, District Ranchi and a case was instituted by drawing of a formal FIR on 19.07.1996 at 19.30 hours. The written report and the FIR was received on 21.07.1996 in the Court empowered to take cognizance. The prosecution case, in brief, is that the informant is a member of the Scheduled Caste residing in her parent 'shouse in Lupung Tola of village Silli. It is alleged that the appellant entered in her house at 10.30 hours on 15.07.1996 and he caught her breast and forcibly removed her pant and after stuffing her mouth ravished her and she raised alarms in course of the occurrence and a large number of villagers assembled there and the appellant fled away. It is also alleged that the said appellant had earlier forcibly ravished her elder sister, Subhadra Kumari @ Dhibri as a result of that she had become pregnant and had delivered a child. The prosecution case further is that the appellant in course of her (informant) ravishment had also assaulted him by fist and slap and she has lodged a report before the Silli Police Station in respect of the occurrence but the Silli police has taken no step in the matter. It is also alleged that she is being intimated to be done to death by the appellant which has compelled her to come before the Dy. S.P. Silli in the company of her father along with Narendra Kumar Singh, Gayatri Kumari and Geeta Singh to lodge this written report for taking necessary steps in the matter so that she may not be done to death.
(3.) THE appellant has pleaded not guilty to the charges levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case due to enmity existing and alive between the parties regarding land dispute.;