Kailash Prasad Deo, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) The instant Criminal appeal is directed against the Judgment of conviction dated 18.12.2003 and order of sentence dated 22.12.2003, passed in S.T. No.161 of 1998 (arising out of G.R. No.657 of 1997 corresponding to Jhinkpani P.S. Case No.68 of 1997) by the learned Sessions Judge, Singhbhum West at Chaibasa, whereby the sole appellant has been found guilty for offence under Section 376 of the Indian Penal Code and awarded rigorous imprisonment for 7 years. Being aggrieved by the impugned judgment, the appellant preferred the instant appeal which has been admitted on 16.04.2004 and subsequently sentence was suspended by granting bail to the appellant on 21.05.2004 by this Court and since then Criminal appeal is pending.
(3.) The prosecution case as is based upon the written report submitted by the informant (victim) herself before the officer in charge Jhinkpani Police Station on 17.12.1997. As per the written report, the informant is tribal girl child, aged about 13 years and she used to be sexually exploited by co-villager, Sita Ram Khandait (appellant). Sometime, the same was forcibly done and as such, she became pregnant, but the accused refused to keep her with him. She has further stated that the occurrence is known to the villagers, namely, Tutru Khandait, Pradhan Khandait, Durga Buriully and Govind Buruilly. On the basis of the aforesaid 'fardbeyan' of the informant the Police instituted First Information Report being Jhinkpani P.S. Case No. 68 of 1997 (dated 17.12.1997) corresponding to G.R. No.657 of 1997 under Sections 376/366A of the Indian Penal Code .;