B.B. Mangalmurti, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) This appeal is directed against the judgment of conviction dated 24th August, 2002 and order of sentence dated 26th August, 2002 passed by Sessions Judge, Deoghar in Sessions Trial No.178 of 2001 holding the appellant guilty under Section 376 of the Indian Penal Code and sentenced him to rigorous imprisonment for seven years and to pay a fine of Rs.10,000/-.
(3.) The prosecution case, in short, is that the victim girl Putul Devi, aged about 17 years went to take water from the hand-pump situated near her house on 28.02.2001 at about 5.00 p.m.. When she was taking water, accused Basudeo Majhi came there and caught her forcibly and dragged her into his house and confined her in a room and committed rape upon her. When the victim tried to raise alarm, accused strangulated her and threatened to kill her. After committing rape, accused closed the room from the outside and fled away. After some time, she was rescued from the room by the police. On the basis of the fardbeyan given by the victim Putul Devi, Jasidih P.S. Case No.41 of 2001 was instituted for the offence under Section 376 of the Indian Penal Code and investigation was taken up. After investigation, the police submitted charge sheet in this case.;