Amareshwar Sahay, J. - (1.) This appeal arises against the judgment of conviction and sentence dated 25.2.2004 and 27.2.2004 respectively passed by the 1st Additional Sessions Judge, Giridih in Sessions Trial No. 346 of 2001 whereby and whereunder, the sole appellant Santosh Kumar was convicted for the offence under Section 376/511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years.
(2.) In short the prosecution case is that in the night of 4.7.2001, the informant Pinki Kumari, aged about 13 years, the daughter of Kale Ram (PW-6) was sleeping in a room. At about 1.00 a.m., the accused/appellant Santosh Kumar, the next door neighbour entered into her house by scaling the boundary wall in order to commit rape on her. He allegedly entered in her room, opened her Salwar, caught her breast and lifted her legs in order to commit rape but she woke up and raised alarm. On hearing alarm, her mother Indu Devi (PW-1) and her father Kale Ram (PW-6) rushed to her room and apprehended the accused/appellant in half naked condition. At that time, he was wearing only underwear. The accused/appellant anyhow released himself from the hold of Kale Ram and managed to flee away from there. It was further alleged that Ganji and wrist watch belonging to Santosh Kumar were found lying in that room which was handed over to the police.
(3.) The defence is of denial of the occurrence and of false implication due to previous enimity.;