AMARESHWAR SAHAY, J. - (1.) THE appellant Hare Krishna Das has preferred this appeal against the Judgment dated 07.10.1999 passed by Sessions Judge, Chaibasa in Sessions Trial No. 178 of 1998 whereby and whereunder, the appellant was convicted under Sec.376 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for a period of seven years.
(2.) THE prosecution case in short according to the prosecutrix Bhanumati Pan (P.W. -6) who recorded her Fard Bayan on 27.10.1997 at about 4:00 P.M. at the Police Station along with her sister -in -law Jai Ma Devi and cousin Yudhisthir Pan alleging therein that on 25.10.1997, in the night, she was sleeping in her home after taking her meal. Her mother was also sleeping on a nearby cot. At about 10:00 P.M. in the night, her co -villager Hare Krishna Das (appellant) entered into her room, lifted her from the cot and then he wanted to take her out of the room, but at that time she woke up and then she tried to raise alarm but, the accused gagged her mouth and thereafter took her to the courtyard and then led her down on the ground and then, gagged her mouth and then he forcibly committed rape on her. Further case is that after committing rape, the accused stood up and thereafter, the informant (P.W. -6) started raising alarm. At this, her mother who was sleeping, woke up but by that time, the accused fled away by scaling the boundary wall. Immediately thereafter, the neighbours namely Neelambar Pan and Kuni Devi etc. came there to whom, she narrated about the occurrence. After instituting the F.I.R., the victim girl was sent for medical examination. P.W. -3 Dr. Radhika Kumari Sinha examined her medically and found her to be aged between 20 - 23 years and she was found to be sexually habitual. Hymen were old ruptured, no spermatozoa, dead or alive was found. Even no kind of injuries found either on her private part or any part of her body.
(3.) AFTER completion of the investigation, chargesheet was submitted against the appellant and was put on trial.;