ANANT BIJAY SINGH, J. - (1.) The sole appellant - Paikira Diggi @ Dasa @ Julus Diggi has faced the trial in S.T. No. 27/2010 in the Court of Sri Rama Kant Mishra, learned Additional Sessions Judge-II, West Singhbhum at Chaibasa, who under judgment dated 18.06.2016 has held the appellant guilty under Sections 366/376 of the I.P.C. and further under order dated 20.06.2016 has awarded sentence to undergo R.I. for eight years and fine of Rs. 3,000/- under Section 366 of I.P.C. and further awarded sentence to undergo R.I. for eight years and fine of Rs. 3,000/- under Section 376 of I.P.C. Further, both the sentences shall run concurrently.
(2.) The case of prosecution, as unfolded in the written report of Shanti Bading, P.W.-4 (prosecutrix), aged 35 years given to Officer-in-Charge, Sonua P.S. alleging therein is that on 06.04.2009, she had gone to local market and when at about 6:00 p.m. she was returning from Pansua Bazar, in the mid way one Paikirra Diggi (appellant herein) met her and proposed to marry her and when she refused, then appellant threatened her with knife and took her to his house and six other persons also accompanied them. Thereupon appellant kept the P.W.-4 in his house for three days and continued making physical relationship with her, but anyhow on the fourth day, P.W.-4 escaped and went to the house of the elder sister of her Bhabhi at Raihatu (Khootpani Block) where she remained for three months. Thereafter his brother came and she disclosed the incident to him and thereafter Panchayati was organized, but appellant didn't marry. On the basis of written statement, Sonua P.S. Case No. 29 of 2009 dated 21.07.2009, registered under Sections 366 and 376 of the I.P.C. was instituted. The fardbeyan is marked as Exhibit-4 and formal F.I.R. is marked as Exhibit-2. The police after investigation submitted final form vide Final Form No. 45 of 2009 dated 09.12.2009. Thereafter, the case was committed to the court of Sessions on 02.02.2010 and charges were framed on 13.02.2012 by learned 1st Additional Sessions Judge, Chaibasa under Sections 366 and 376 of I.P.C. Further, in course of trial, six witnesses were examined by the prosecution namely, P.W.-1 Tuvan Bading (brother of the informant); P.W.-2 Dr. Meena Kalundia; P.W.-3 Devnandan Murari; P.W.-4 Shanti Bading (Informant); P.W.-5 Dilip Kumar Bading, who has been declared hostile; P.W.-6 Rameshwer Pandey is Sub-Inspector of Police, who is the part I.O. of this case. Prosecution has produced Exhibit-1 - Medical Report, Exhibit - 2 Formal F.I.R., Exhibit-3 - Endorsement on written report and Exhibit - 4 Written report of the Informant.
(3.) Thereafter, the trial court after appraising the evidences and hearing the parties, under judgment dated 18.06.2016 has held the appellant guilty under Sections 366/376 of the I.P.C. and further under order dated 20.06.2016 has awarded sentence to undergo R.I. for eight years and fine of Rs. 3,000/- under Section 366 of I.P.C. and further awarded sentence to undergo R.I. for eight years and fine of Rs. 3,000/- under Section 376 of I.P.C. Further, both the sentences shall run concurrently.;