D.P.SINGH, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 25.2.2000 and 29.2.2000 passed in Sessions Trial No. 76 of 1998, whereby and whereunder the learned Sessions Judge, Palamau at Daltonganj held the appellant guilty under Sections 376, IPC and convicted and sentenced him to undergo RI for eight years and also to pay a fine of Rs. 2000/ - and in default of payment to further undergo RI for one year.
(2.) THE brief facts leading to this appeal are that in the forenoon of 25.6.1997 the informant Sugia Devi was collecting forest wood in Desahi Chonha forest when the appellant caught her from behind and forcibly committed rape. It is further stated that when the appellant was fleeing after satisfying his lust, she raised alarm and many of the witnesses saw him fleeing. The matter was reported to the villagers and a panchayati was held, after which the matter was reported to the police next day. The officer -in -charge Sadar P.S., district Palamau recorded her statement and registered Sadar P.S. Case No. 220/97 under Section 376, IPC against the appellant. The police investigated the case and finally submitted charge -sheet against the appellant. The case was committed for trial by the Court of Sessions, where charge was framed against the appellant. The trial Court finally concluded trial resulting in conviction of the appellant as mentioned above. The present appeal has been preferred on the ground that the trial Court did not consider the improbability of the prosecution version. It is further asserted that the appellant was falsely implicated due to his informing the forest officer regarding illegal activities of the family members of the informant. It is also asserted that the medical report did not support the prosecution, the version of rape and neither any eye witness has supported the case. Therefore, the conviction of the appellant, on the basis of interested witnesses, may be set aside.
(3.) ALL these points stressed before this Court by the learned Amicus curiae Miss Mahua Palit, appearing on behalf of the appellant.;