D.G.R.PATNAIK, J. - (1.) THIS appeal filed by the sole appellant is directed against the judgment and order of conviction and sentence dated 28.2.2001 passed by the Assistant Sessions Judge 2nd, Jamshepdur, in Sessions trial No. 94 of 2001 whereby the appellant was convicted for offences under Sections 366 and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 8 years for the offence under Sec. 366 IPC and 10 years' rigorous imprisonment for the offence under Sec. 376 |PC, though the sentences were ordered to run concurrently.
(2.) THE appellant was put on trial for the aforesaid offences for which earlier, cognizance was taken on the basis of the police report, submitted by the police after investigation into the FIR lodged by the informant (PW6), the mother of the victim girl. The case was registered on the basis of the fard beyan of the informant Malti Devi recorded at the police station on 13.10.2000. The case of the prosecution as per the fard beyan of the informant is that on 12.10.2000 at about 11.00 a.m the informant sent her 7 -year old minor daughter (victim girl), to go to the garage and find out whether her son Pankaj Kumar had reported for duty. When The girl did not return home till 2.00 p.m. the informant wanted to send her son Pankaj Kumar in search of the girl, but he was not available and the informant learnt from one Maulvi that the girl had come to the garage, but thereafter she had left the garage and that Pankaj Kumar did not report since morning. Later, her son Pankaj Kumar came and she dispatched him in search of the girl, but when the girl was not found in spite of search, she went to the police station and informed about the missing of the girl. Next morning at about 8.00 a.m. she went in search of her daughter and in course of search she learnt that a minor girl was found near the jail chowk at Sakchi. She went there and found her daughter and on being asked, the girl stated that on the previous day, when she went in search of her brother, she was accosted by one boy near Milkit Hotel who asked her where she was going. She told him that she came in search of his brother and then he offered to search her brother at Bistupur and he took her along with him. She was reluctant to accompany him and began to cry but he threatened to kill her and thereafter he took her towards the bushes located near the Parasi Temple and committed rape on her. She became unconscious and next morning when she gained consciousness she could not find her way home and strayed towards Sakchi. and eventually came near the Jal chowk at Sakchi. The informant found blood stains on the undergarments of the girl.
(3.) FURTHER case of the prosecution is that is that on 17.10.2000, the appellant was arrested by the police on being found in suspicious circumstances. Later, on 25.10.2000, he was put on test identification parade and was identified by the victim girl and her mother, the informant. The appellant had pleaded not guilty to the charge and was put on trial. The case of the appellant in defence was total denial of the allegations and his false implication in the case.;