- (1.) THIS appeal at the instance of the appellant is directed against the impugned judgment and order dated 3.8.1998 and 2.11.1998 respectively passed in Sessions Case No. 147 of 1997/106 of 1997 by Shri Amitav Kumar Gupta, 6th Additional Sessions Judge, Dumka, 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 nine years and to pay a fine of Rs. 2,000/ - and in default thereof to undergo R.I. for six months.
(2.) THE prosecution case has arisen on the basis of fardbeyan (Ext. 2) of informant PW 4, Jharna Kumari aged between 18 and 20 years and the alleged victim of ravishment of this case recorded by S.I. Banshidhar Jha (PW 5) O.C., Binda Pathar P.S. District Dumka (now Jamtara) on 19.12.1996 at 11.00 hours at the said police station regarding the occurrence which is said to have taken place on 16.12.1996 at 9.30 hours in the gohal of the appellant situated in village Mohanpur, P.S. Binda Pathar, District Dumka and a case was instituted against the appellant by drawing of a formal FIR (Ext. 3) on 19.12.1996 at 18.00 hours and the said fardbeyan and the FIR was received on 21.12.1996 in the Court empowered to take cognizance. The prosecution case, in brief, is that PW 4, the informant Jharna Kumari, an unmarried girl was going to the pond in her village at about 9.30 hours on 16.2.1996 for taking bath and when she reached near the gohal of the appellant she was called by the appellant and he took her inside the gohal room and, thereafter, he closed the door of the said gohal room from inside and intimidated her to be done to death if she raise alarms and further directed her to act as per his dictates and, thereafter, he forcibly made her to lie on the ground and, thereafter, he removed her skirts, blouse, bra and panty. It is alleged that, thereafter, the appellant also removed his full pant and underwear and, thereafter, he had sexual co -habitation with her and after satisfying his lust and discharge of the semen inside her private part he went away from there again intimidating the informant to be done to death if she disclose this incident. It is alleged that she came back to her house weeping and narrated the incident to her aunt PW 2, Shakuntala Mandal and, thereafter, the other members of her family came to know regarding the incident and her father was informed at Chitranjan where he works and on his return from there it was decided to hold a panchayati but the father of the appellant did not agree for the panchayati, and, thereafter, the informant in the company of her father PW 3 and her uncle PW 1 came to the police station where her fardbeyan was recorded.
(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 that he has been falsely implicated in this case with a view to coerce him to get his marriage solemnized with the informant.;