HARI SHANKAR PRASAD, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 27.11.1999 passed in Sessions Trial No. 70 of 1993, whereby and whereunder the learned Additional Sessions Judge Seraikella held the sole appellant guilty under Section 376, IPC and convicted and sentenced him to undergo RI for five years.
(2.) THE prosecution case in brief is that Shanti Kumari lodged an FIR with Rajnagar P.S. on 14.5.1992 stating therein that on 6.3.1992, after taking meal, she was sleeping in her house in the night with her sister Panu Kumari and niece Rango Kuamri and door was not locked or bolted and a lantern was burning in the room and in the night the appellant entered into the room after pushing has door and closed her mouth, threw her on the ground and threatened her that if she raised alarm, she would be killed and removed her Sari and Shhaya and committed rape on her. She gave slap twice still the appellant went on committing rape on her. She wanted to raise alarm but he always pressed her mouth and extended threat. Some time after he discharged his semen and wanted to leave the place then she raised alarm and her brother came and there was some scuffle in between her brother and the appellant but the appellant fled away by pushing her brother. While leaving the place appellant had left his Chadar in the room. While in the morning she was going to Rajnagar P.S. alongwith her brother but Bhuwan Mahato persuaded them for a panchayati where the matter will be settled and a panchayati was held but in the panchayati the matter was suppressed. When informant came to know that no case has been instituted, she met Ramchandra Mahato of her village alongwith her brother and acquainted him about the occurrence and Ramchandra Mahato brought them to Rajnagar P.S. where police recorded the statement of the informant and a case was instituted under Section 376, IPC. Police after investigation, submitted charge -sheet. Cognizance in the case was taken and case was committed to the Court of Sessions, where learned Additional Sessions Judge recorded the evidence of witnesses both oral and documentary and came to a finding and held the appellant guilty and convicted and sentenced him as aforesaid. Prosecution has examined five witnesses in this case. PW 1 is Nandi Mahato PW 2 is the victim girl Shanti Kumari, PW 3 is Ramchandra Mahato, PW 4 is Rango Kumari, who has not supported the prosecution case and PW 5 is Tapan Mahato, who is formal witness.
(3.) PW 2 is the most important witness of the case and she is the victim girl as well as informant of the case. According to this witness, she was sleeping in her room with her sister and niece Rango K -Umari and doors were not closed and a lantern was burning in the room and in the night appellant Bhikhari Mahato entered into the room by pushing the door. He caught this witness, threw her on the ground and committed rape on her and on her alarm her brother. PW 1 turned up and there was some scuffle in between her brother and this appellant and this appellant has left his Chadar and fled away. On the next morning, she along with her brother went to Rajnagar PS. where both of them met Bhuwan, who persuaded them that matter will be settled in the village and he will call a panchayati. A meeting was called in the village and this appellant attended the meeting but later fled away and two months after this witness. PW 1 and Ramchandra Mahato went to PS. and lodged an FIR. According to this witness, doors were bolted from inside the room and when appellant pushed the door, the blot broke down and there was some sound and on that very sound she woke up and her sister also woke up and both of them raised alarm. According to this witness, she was sleeping on a separate cot and her sister was sleeping on another cot.;