VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of appellant stands directed against the impugned judgment and order dated 27.5.2002 and 28.5.2002 respectively passed in Sessions Trial No. 85 of 2000 by Shri Alok Kumar Dubey, Additional Sessions Judge, Fast Track Court, Gumla 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 five years and to pay a fine of Rs. 2000/ - and in default of the payment of fine to undergo rigorous imprisonment for one month. Bulaki Ram Versus Jatru Mahali
(2.) THE prosecution case has arisen on the basis of the petition of complaint of P.W.6 Gandauri Kumari, the complainant/ informant, said to be the victim of ravishment lodged before the Court of Chief Judicial Magistrate, Gumla on 8.9.1999 which has been registered as Complaint Case No. 170 of 1999 regarding the occurrence which is alleged to have taken place on 4.9.1999 at about 12.30 hours inside Bandwari Jungle of Village -Narekela, Police Station -Basia, District -Gumla. The complaint petition was sent to the concerned Police Station for institution of the case, investigating and submission of the final form and Basia Police Station Case No. 53 of 1999 was registered on the basis of the said complaint petition on 11.12.1999. The prosecution case, in brief, is that P.W.6, the informant is a student of Class -X and she had gone to her school in the morning situate in Village -Kumhari and the school was closed at 10.30 hours as it was Saturday and thereafter she got her cycle repaired and thereafter proceeded for her house situate in Village -Narekela. It is alleged that she was passing through Bandwari Jungle for her house and when she was half -mile away from her house, the appellant came there from behind and obstructed her from going ahead and also intimidated her at the point of dagger and forcibly brought her 25 meters inside the Jungle from the said road and he felled her on the ground pressing her neck and after removing her undergarment ravished her and when she attempted to raise alarms he pressed her neck. It is alleged that after satisfying his lust for three or four minutes he left her and fled inside the Jungle. The prosecution case further is that she came weeping to the road and after waiting for sometime for recomposing herself, she came to her house and narrated the incident to her brother and sisters. It is further alleged that she was unable to walk and suffered from fever after the incident and at the advice of the co -villagers, who were told by her brother, she did not go to the Police Station on that day as the villagers had proposed to settle the matter in the Panchayat and they had also made hectic search of the appellant who had fled away from there. It is also alleged that the appellant has also intimidated her to be done to death if she go to the police station, which has resulted in the delay of the lodging of the complaint petition.
(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. It has been contended that the informant is a girl of easy virtues having illicit affair with Mani Tirkey and there was a Panchayati in respect of their affairs in which this appellant has prepared the document of verdict of the Panchayat in respect thereof and due to that he has been implicated in this got up case by the informant at the instance of Mani Trikey aforesaid.;