DHANANJAY PRASAD SINGH,J. - (1.) HEARD the parties.
(2.) THIS appeal arises against the judgment of conviction dated 25th June, 2002 and order of sentence dated 26th June, 2002 passed by the learned Sessions Judge, Jamtara in Sessions Case No. 146 of 2001 (Dumka)/340 of 2001 whereby the learned trial Court convicted the appellant, abovenamed, for the offence under Sections 366 and 376, IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs. 2,000/ - for the offence under Sections 366 and 376, IPC, each. In default of payment of fine, the learned trial Court further sentenced the appellant to undergo rigorous imprisonment for six months for the offence under Sections 366 and 376, IPC, each, and all sentences shall run concurrently. Brief facts leading to this appeal are that the informant/complainant, Mamta Ghosh, used to reside with her father in village Dumaria, P.S. Bindapathar and the appellant was also residing in the vicinity by same village. According to the informant, in the night of 14th November, 1999, she has gone to ease her out in the fields. As alleged, when she was returning home, the appellant forced to her to accompany with him on the point of pistol. Thereafter, she was taken away from the village and subjected to rape twice same night on the side of Ajoy river. She further stated that she was carried over to various places by the appellant on threats of being killed and, further forced to live with him for nearly eight months at Golsi, District Burdwan, West Bengal. The informant further alleged that she was subjected to repeated rapes during this time and kept as mistress. In the result, she became pregnant and the appellant became interested in termination of baby. However, after some time, she was left alone and she returned home in July, 2000. She preferred a complaint case, as P.C.R. Case No. 226 of 2000. in the Court of Additional Chief Judicial Magistrate, Jamtara, District Dumka, which was sent to Nala (Bindapathar) police station for registration of a case. On the basis of which. Nala (Bindapathar) P.S. Case No. 78 of 2000, dated 4th September, 2000 was registered under Sections 366 and 376, IPC.
(3.) THE police investigated the case and finally submitted charge -sheet against the appellant for both the offence. The case of the appellant was committed to the Court of Sessions, wherein the appellant was charged under Sections 366 and 376, IPC on 7th July, 2001. The appellant pleaded not guilty and claimed false implication. The learned trial Court after examination of witnesses has found and held the appellant guilty under both sections and sentenced him, as stated above.;