R.R.PRASAD, J. - (1.) THE sole appellant Chhotiya @ Tarkeshwar Mahto was put on trial to face charge under Sec. 376 of the Indian Penal Code on the allegation of committing rape upon Sarita Devi. The trial Court having found the appellant guilty for the said charge sentenced him to undergo rigorous imprisonment for ten years and also to pay fine of Rs. 2000.00 and in case of default further to undergo rigorous imprisonment for three months.
(2.) THE case of the prosecution is that on 30.5.1997 at about 11.30 a.m. while the prosecutrix Sarita Devi was in her gohal (cowshd) for feeding cattle, the appellant entered into the gohal through northern side of the door and got the door bolted and then he caught hold of her and by extending threat of dire consequence committed rap upon her. Further case is that when she raised alarm, her husband Umesh Prasad Mehta (PW 3) came over there and pushed open the door and caught hold of the appellant, when she disclosed her husband that he had committed rape upon her. Other persons on hearing her hulla assembled there but the appellant succeeded in getting himself released from the clutches of her husband and fled away. Thereafter Sarita Devi on the same day gave her fardbeyan (Ext. 3) before Padma Out Post at about 4 p.m., upon which a case was registered and the matter was taken up for investigation. In course of investigation. Investigating Officer Md. Mustakiri (PW 9) visited the place of occurrence, took statement of the witnesses and also got Sarita Devi medically examined by Dr. Kalpana Saran (PW 5), who on examining her did not find any injury over the body or private parts. No spermatozoa was found on the vaginal swab. Dr. issued medical report (Ext. 2) opining therein that no definite opinion about rape can be given.
(3.) AFTER completion of investigation, Investigating Officer submitted chargesheet. Thereafter the case was committed to the Court of Sessions where charges were framed to which appellant pleaded not guilty and claimed to be tried.;