Kailash Prasad Deo, J. - (1.) Heard, Mr. Rajen Sahay assisted by Mrs. Nanda Kumari, learned counsels for the appellant and Mrs. Lily Sahay, learned Additional Public Prosecutor appearing for the State.
(2.) The instant Criminal appeal is directed against the Judgment of conviction and order of sentence, both dated 26.04.2003, passed by the learned Additional Judicial Commissioner (F.T.), Civil Court, Ranchi, in S.T. No.83 of 2001 / T.R. No.321 of 2002, whereby the sole accused/appellant has been convicted for the offence committed and punishable under Section 376 of the Indian Penal Code and awarded rigorous imprisonment for seven years and fine of Rs.10,000/- payable to the victim girl.
(3.) The prosecution case, is based upon, fardbeyan, of the informant, Lilu Kumari (P.W.1), recorded by the Officer-in-Charge, Mandar Police Station in the District of Ranchi, on 27.09.2000 at around 19.45 hours, wherein the informant, aged about 15 years, has stated that she was taking rest in her house along with her younger sister, aged about 2 years. Her mother has gone to attend the call of nature and her father, who is a Rickshaw puller, had gone to Ranchi for plying Rickshaw. The informant has stated that due to illness, she was lying in the house. In the meantime, Sarjug Gope (appellant) came inside the house of the informant and caught hold of her hand and took her to his house, where after disrobing the clothes of the informant thrashing her and committed rape upon her. In the meantime, the mother of the informant came to the house of the accused, as her younger sister was crying. The informant has alleged that during intercourse, the semen of the appellant was discharged, which she felt and thereafter the informant wore the same undergarment. The informant has alleged that Sarjug Yadav (appellant) has committed rape against her will.;