Kailash Pd. Deo, J. - (1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 18.12.2003 and order of sentence dated 19.12.2003 passed by learned Additional Sessions Judge- IV, Fast Track Court, Jamtara, in Sessions Case No. 63/2001, whereby the sole appellant has been convicted by the learned Trial Court for offence punishable under Section 376 I.P.C. and awarded rigorous imprisonment for seven years and fine of Rs. 1000/- and in case of default of payment of fine to undergo further three months of simple imprisonment. The present Criminal appeal has been preferred on 07.01.2004 and the appellant has been enlarged on bail by suspending his sentence, on 04.03.2004, since then the matter is pending before this Court.
(2.) The prosecution case is based upon written report submitted by the victim, before the officer-in-charge, Kundahit police station, on 15.03.2001, alleging therein that, while the informant (victim) was returning from a marriage along with her friend Hemabati Hembrom, appellant caught hold of her, torn her cloth, which was in two pieces and has committed rape. The appellant has also threatened her friend, not to raise alarm and fled away from the place of occurrence. After commission of the rape, the victim went to her house, informed her parents. Subsequently, a panchayati was convened and later on police was informed. On the basis of the written report of the victim, the police has registered Kundahit P.S. Case No. 18/2001, dated 15.03.2001 under Section 376 I.P.C. and after investigation submitted charge sheet vide no. 25 of 2001 dated 30.04.2001 under Section 376 I.P.C. The cognizance of the offence has been taken vide order dated 16.06.2001 and the case has been committed to the Court of Sessions vide order dated 01.08.2001. The charge has been framed against the appellant on 04.01.2002 under Section 376 I.P.C. The appellant pleaded his innocence and thus he was put under trial.
(3.) The prosecution to prove its case has examined eight witnesses apart from the exhibits. The victim-cum-informant of the case has been examined as P.W. 1, Babusar Soren, father of the victim has been examined as P.W. 2, Meloni Soren, mother of the victim has been examined as P.W. 3, Prabhanand Soren, brother of the victim has been examined as P.W. 4, Mukesh Chandra Kunwar, Investigating Officer of the case has been examined as P.W. 5, Hemabati Hembrom, friend of the victim has been examined as P.W. 6, Hema Murmu @ Hemadhan Murmu (a co-villager and hearsay witness) has been examined as P.W. 7, Dr. Kiran Jaiswal, who has examined the victim, has been examined as P.W. 8.;