Kailash Prasad Deo, J. - (1.) Heard, learned counsel for the appellant, Mr. Ranjan Kumar Singh, assisted by Mr. Sumit Kumar, Advocate and learned counsel for the State, Mr. Tapas Roy, Additional Public Prosecutor.
(2.) The instant criminal appeal is directed against the judgment of conviction dated 31.05.2004 and order of sentence dated 02.06.2004, passed by learned Sessions Judge, Godda, in Sessions Trial No. 107 of 2001, whereby the sole appellant has been convicted for the offence committed and punishable under Sections 376/511 and 448 of the Indian Penal Code and awarded rigorous imprisonment for six years for the offence committed and punishable under Section 376/511 of the Indian Penal Code and one year for the offence committed and punishable under Section 448 of the Indian Penal Code. Both the sentences are directed to run concurrently. The period undergone by the accused during trial shall be set off under Section 428 Cr.P.C.
(3.) The prosecution case is based upon fardbeyan of informant, (P.W.-4) (whose name is not being disclosed), recorded by Sub-Inspector of police G.P. Sharma, Officer-in-charge of Godda (M) police station on 02.03.2001 at 14:15 Hrs. at Mufassil police station, wherein the informant has alleged, that on 28.02.2001 (Wednesday) the informant alongwith her mother was sleeping on mat and her father went out of the house for negotiation of marriage of the informant. It is alleged that at around 12:00 in the night, she felt that somebody is pulling by her left hand, she opened her eyes and saw Munna Ansari, who puts a cloth on her mouth and dragged her outside the room in the court-yard and pressed her breasts and asking the informant to contract marriage and also threatening the informant with dire consequences by putting the house on fire. After removing the cloth from mouth, the informant raised brawl. Because of the darkness, the accused person fled away. The informant has subsequently disclosed the occurrence to her mother and subsequently after arrival of the father of informant a panchayati was convened on 01.03.2001 in the night but the accused person did not appear, as such the case has been filed after a delay.;