- (1.) The sole appellant, Arun Kumar Mahatha was put on trial for the charges that he by entering into the house of the informant, Madhuri Kumari (P.W. 4) committed rape on her. Learned Sessions Judge having found the appellant guilty convicted him under Sections 376 and 448 of the Indian Penal Code and consequently sentenced him to undergo R.I. for 7 years and to pay a fine of Rs. 100/- under Section 376 of the Indian Penal Code and in default to undergo R. I. for further period of 15 days. No separate sentence was Imposed under Section 448 of the Indian Penal Code.
(2.) The case of the prosecution is that on 24-1-1996 one Madhurl Kumari, daughter of Arun Bourl (P.W. 5) while she was alone in her house the appellant entered into her house at 12 noon and asked her to have sex with him, to which she denied and upon it the appellant put her down on the ground and tore her underpant and forcibly committed rape on her by gagging her mouth with gamachha and in that course when she tried to resist, the appellant assaulted her with danda.
(3.) The said Madhuri Kumari gave her fardbeyan (Ext.6) on 24-6-96 at 5:15 p.m. Upon it the case was registered and the matter was taken up for investigation.;