RONGON MUKHOPADHYAY,J. - (1.) Heard the parties.
(2.) This application is directed against the judgment dated 9.6.2004, passed by the learned 1st Additional Sessions Judge, Gumla in Cr. Appeal No. 71 of 2000, whereby and where under judgment and order of conviction and sentence dated 25.11.2000, passed by the learned 1st Assistant Sessions Judge, Gumla in Sessions Trial No. 175 of 1986 convicting the petitioner for the offence under sections 376 and 342 of the Indian Penal Code and sentencing him accordingly has been affirmed.
(3.) The prosecution story in brief is that the prosecutrix along with her aunt had gone to the house of the informant and it is alleged that on Monday she had gone to the house of her friend-Mangaldani. The petitioner and other accused persons took her for meal to the house of Chauthi Orain where two accused persons were present there. It has been alleged that petitioner and others closed the door and committed rape upon her. When a search was made, she was found in the house of Chauthi Orain. Accused had managed to flee away.;