- (1.) SOLE appellant Anand Karji @ Soma Karji stands convicted for the offence punishable under Section 376 (2)(f)/511 of the Indian Penal Code and sentenced to serve rigorous imprisonment for ten years, by the 1st Additional Sessions Judge, Singhbhum West at Chaibasa in Sessions Trial No. 46 of 1996.
(2.) BRIEF facts leading to this appeal are that informant Gunakar Kundu used to sell eggs, patties, etc. on a handcart in village Mahulsai. As per informant on the date of occurrence 21.11.1995 at about 6.30 P.M., the appellant came to his handcart and asked him to pack egg, chart and patties of Rs. 14/ - and to send the victim Bulbul Kundu to his residence to bring home the plate and money. The informant accordingly sent the victim with the appellant. As further stated when the daughter of the informant came back after half hour, she narrated to him weeping that she was abused sexually by the appellant. The informant reported the matter to village Pradhan Jagarnath Munda. Thereafter, the matter was reported to police. The statement of the informant was recorded. The victim was sent for medical examination at Chaibasa. The police finally submitted charge -sheet against the appellant under Section 376/511 of the Indian Penal Code. The appellant was charged on 15.10.1996 to which he pleaded not guilty. However, after trial he was convicted for the offence charged and sentenced to serve rigorous imprisonment for ten years.
(3.) THE present appeal has been preferred mainly on the grounds that the medical report does not support the allegation of rape. Mr. R.C. Khatri, learned counsel appearing on behalf of the appellant, frankly submitted that the appellant has remained in custody right from 22.8.1995 and already served the period of sentence. It is further submitted that the medical report not supporting the allegation of rape, should have been considered by the trial court According to Mr. Khatri, only on oral allegation by the victim, the conviction has been made. Therefore, the order of conviction dated 23.12.1999 deserves to be set aside.;