Kailash Prasad Deo, J. - (1.) Heard, learned counsel for the appellant, Mr. Anil Kumar Sinha, assisted by Mr. Pawan Kumar Sinha, Advocates and Mr. Asif Khan, 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 26.05.2004, passed by learned Additional District & Sessions Judge, Fast Track Court, Koderma, in Sessions Trial No. 502 of 1999, whereby the sole appellant has been convicted for the offence committed and punishable under Sections 448 and 376/511 of the Indian Penal Code and awarded rigorous imprisonment for one year for the offence committed and punishable under Section 448 of the Indian Penal Code and awarded rigorous imprisonment for five years with a fine of Rs.1000/- for the offence committed and punishable under Sections 376/511 of the Indian Penal Code and in default of payment of fine the appellant has to undergo, further simple imprisonment for one year. All the sentences are directed to run concurrently.
(3.) The prosecution case is based upon the written report submitted by Urmila Devi, P.W.-1, before the Officer-in-charge, Satgawan police station, on 18.12.1998, alleging therein, that in the night of 17.12.1998 (Thursday), the informant was sleeping in her room after taking dinner along with her children. The door was closed from inside as the door was not properly closed and could be opened by push from outside. Informant has further alleged that at around 12:00 night the Vijay Sao, Son of Geeta Lal Sao entered into her room with bad intention to commit rape upon her and caught her body. On brawl raised by informant co-villagers namely Bhagirath Choudhary, Arjun Choudhary, Chottan Choudhary, Shyamlal Choudhary, Meghan Choudhary and Sato Choudhary came at the place of occurrence and they saved the informant. The informant has further alleged that after seeing the villagers coming there, the appellant, Vijay Sao fled away.;