Kailash Prasad Deo, J. - (1.) Heard Mr. Arjun Narayan Deo assisted by Mr. P. P. Chatterjee, learned counsel appearing for the appellant and Mr. Rajesh Kumar Mishra, learned Addl. Public Prosecutor appearing for the State.
(2.) The instant Criminal appeal is directed against the judgment of conviction dated 23.12.2003 and order of sentence dated 24.12.2003, in Sessions Trial No.20 of 2003, passed by the learned Additional Sessions Judge, Fast Track Court No.7, Hazaribag, whereby the sole appellant, Ashish Kumar Singh @ Rinku Singh has been convicted for the offence under Sections 366 and 376 of the Indian Penal Code and awarded rigorous imprisonment for seven years and a fine of Rs. 5,000/- each, under both the heads separately and in case of default of payment of fine, to further undergo simple imprisonment for three months. Both the sentences are directed to run concurrently. By the said impugned judgment of conviction, the learned trial court has acquitted the coaccused, Sanjay Sah @ Sanjay Kumar Sahu.
(3.) The prosecution case is based upon, written report submitted by Dipak Kumar Chanda, before the officer In-charge, Ramgarh Police Station, on 8.5.2002, stating therein, that in the morning at about 7 a.m., his daughter Piyali Chanda @ Munni, aged about l71/2 years, went to attend classes at Chhotanagpur College, Ramgarh, along with her friend Mamoni, but when she did not return by 12 o'clock, as such, informant started searching his daughter and during search, it was found that Ashish Kumar Singh @ Rinku, S/o Govind Singh has enticed her girl, for unnatural act and thereafter a First Information Report was lodged. On the basis of the aforesaid 'fardbeyan' of the informant, the Police instituted First Information Report being Ramgarh P.S. Case No. 178 of 2002 dated 08.05.2002 corresponding to G.R. No.1120 of 2002, under Sections 366 and 366(A) of the Indian Penal Code. ;