- (1.) The sole appellant stands convicted under Section 376 IPC and has been ordered to undergo rigorous imprisonment for seven years and fine of Rs.10,000/ and in default of payment of fine, to further undergo simple imprisonment for three months vide the judgment of conviction dated 20.04.2002 and the order of sentence dated 30.04.2002 passed by learned 1st Additional Sessions Judge, Seraikella in S. T. No. 264/2000.
(2.) The case of the prosecution, as recorded in the fardbeyan of the prosecutrix dated 05.07.2000 by the OfficerinCharge of Ichagarah P. S, is that 14 days prior to giving of the fardbeyan, on 22.06.2000 at 3.30 P.M, the prosecutrix was going to her father's home at VillageAdardih alone and when she reached near a banian tree, she saw the appellant coming from opposite direction. When he reached near the prosecutrix, he suddenly caught hold of the prosecutrix and forcibly took her towards the bushes whereupon the prosecutrix resisted and raised alarm, but she was assaulted and her neck was pressed and rape was committed on the prosecutrix and thereafter, Jai Lal Pandey threatened her to kill. Thereafter, the prosecutrix returned to her village and disclosed every thing to her husband. Thereafter, her husband went to the house of one Kripa Sindhu Mahato where Jai Lal Pandey used to live. A panchayeti was asked to expel Jai Lal Pandey from the village, but he refused to leave the village. Then the F.I.R was lodged.
(3.) On the basis of the allegations made in the F.I.R, Ichagarh P. S. Case No. 38/2000 under Section 376 IPC was instituted. The Police started investigation and submitted chargesheet. Thereafter, the charges were framed against the appellant on 03.01.2001 under Section 376 IPC.;