- (1.) THE sole appellant has preferred this appeal against the judgment of conviction and order of sentence dated 30.11.2000 passed by Sri Bhawesh Chandra Jha, 3rd Assistant Sessions Judge, East Singhbhum, Jamshedpur in Sessions Trial No. 277 of 1997 whereby the appellant has been convicted under sections 366 and 376 of the Indian Penal Code and has been sentenced to undergo R.I. for five years and seven years respectively and also to pay fine of Rs. 5000/ - on each count and in default of payment of fine to serve S.I. for one year each and both the sentences have been directed to run one after another.
(2.) BRIEFLY stated the prosecution story before the trial court was that the informant victim was recovered from a house situated at Sakchi, Jamshedpur by the police party alongwith P.W.1 and father of the appellant in the night of 24th March, 1997. The victim, on her own, stated before Jugsalai police next day at 7 a.m. that she was a student of BA (Part -1) in Kalyan College, Bhilai where she used to reside with her Mausa and Mausi (P.W. 4), for study. She further stated that the appellant Paltan used to visit her tvlausa's residencefrequently. According to her, in the afternoon of 21st March, 1997 the appellant alongwith two boys came to her college and forcibly taken her away in a Maruti Car. Thereafter she was kept in the house of the Mausa and Mausi of the appellant situated in Karkari village wherein in the night the appellant sexually exploited her. She further stated that from that place they left for Jamshedpur and from Jamshedpur she was brought to Jugsalai to the house of the appellant but when they were not given shelter, they went to Sakchi, Jamshedpur and kept confined there. She has asserted specifically that the appellant forcibly abducted her and committed rape on her. Jugsalai Police on the statement of the victim registered Golmuri PS. Case No. 48 of 1997 under sections 366 and 376 of the Indian Penal Code and investigated the case. The appellant was arrested and finally charge -sheet was submitted against him for those two offences. The case was committed for trial by the court of sessions where the trial court framed charge against the appellant under sections 366 and 376 of the Indian Penal Code on 3rd October, 1997 to which the appellant pleaded not guilty.
(3.) THE trial court after examining the prosecution and defence witnesses found and held him guilty as mentioned above and sentenced him accordingly. The appellant has remained in custody for nearly five years before this Court admitted him bail during the pendency of this appeal.;