Kailash Prasad Deo, J. - (1.) Heard, Mr. A. K. Sahani assisted by Mr. Pankaj Verma, learned counsels appearing for the appellant and Mr. Rajnish Vardhan, 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 30.09.2003, passed by the learned Sessions Judge, Seraikella- Kharsawan, in Sessions Trial No.62 of 2003, whereby the sole appellant, Meghrai Hansda has been convicted for the offence committed and punishable under Section 376 of the Indian Penal Code and awarded rigorous imprisonment for seven years.
(3.) The prosecution case is based upon written report submitted by the informant, Salma Murmu (P.W.7) before the Officer-in-Charge, Rajnagar Police Station in the District of Seraikella Kharsawan, alleging therein that rape has been committed. The informant has alleged that on 23.10.2002 at around 5 p.m., while she was at her paddy field, Meghrai Hansda (appellant) committed rape with her and gave threatening that if the occurrence is disclosed to anybody, she will be killed. The informant has alleged that since accused committed rape upon her, rigorous punishment be imposed so that in future he may not commit such activity. The written report having the thumbimpression of the right hand of the informant, Salma Murmu, is basis of the First Information Report. On the basis of the aforesaid 'fardbeyan' of Salma Murmu (P.W.7), informant, the Police instituted First Information Report bearing Rajnagar P.S. Case No. 43 of 2002 dated 25.10.2002 corresponding to G.R. No.671 of 2002 under Section 376 of the Indian Penal Code against the accused/appellant.;