- (1.) THIS criminal appeal has been preferred by the appellant against the judgment and conviction dated 8.9.1999 and order of sentence dated 9.9.1999 passed by Shri S.N. Singh, 1st Additional Sessions Judge, Gumla in ST. No. 7 of 1997.
(2.) THE accused -appellant was charged under Sections 376, 302 and 201 I.P.C. for committing rape and murder of a girl aged about eight years. The court below by the impugned judgment convicted the appellant under Sections 302, 376 and 201 I.P.C. and sentenced him to undergo R.I. for life under Section 302 I.P.C. He was further directed to undergo R.I. for life under Section 376 and R.I. for seven years under Section 201 I.P.C. An unfortunate incident gave rise to this case. One Soman Kumari aged about eight years of Village -Shivnathpur Dahu Toli within the Police Station of Gumla District was found missing when her parents noticed on 13.6.1996 but did not find any trace. Again in the next morning i.e. on 14.6.1996 when Sania Oraon (the informant) was returning to his house after searching her daughter Somari Kumari, his younger brother met on the way and informed that Soman's dead body was spotted by villagers Manik Oraon and Dhana Oraon in the Lebra ditch. The informant went to the spot and found her daughter's dead body floating in a water -filled ditch. There was injury on her body including the private part. He suspected murder of her daughter after committing rape on her by some miscreants. At about 6:00 P.M. he informed the same to the local Police.
(3.) ON the basis of aforesaid fardbeyan of the informant, a formal F.I.R. was drawn and a case was registered under Sections 302, 376 and 201 of the Indian Penal Code. The case was registered against unknown.;