- (1.) HEARD the learned counsel for the appellants and learned counsel for the state.
(2.) THE instant appeal is directed against the judgment of conviction and order of sentence dated 31.5.2002 passed by N.Mishra, 1st Additional Sessions Judge, Godda in Sessions Case No. 7/2000|12/2001 by which judgment the sole appellant was found guilty and convicted u/s 376/511 of the I.P.C. and sentenced to undergo R.I. for two years and six months with a fine of 1000/ -and in default of that further sentenced to undergo R.I. for three months. It is submitted by learned counsel for the appellant that the learned trial court failed to consider the fact that the occurrence took place in a dark night and nobody has identified the accused and the accused has proved that there was land dispute between him and the husband of the victim lady. But, in spite of that, trial court found the appellant guilty and convicted and sentenced him as aforesaid. Hence, the impugned judgment is bad in law and fit to be set aside.
(3.) ON the other hand, learned counsel for the state has submitted that the prosecution witnesses failed to prove that there was any previous litigation between the parties for any false implication and evidence of the prosecutrix has fully been supported by the evidences of P.W.2 and 4 as also the Investigating Officer. Hence, the finding of the trial court is based on cogent evidence and requires no interference by this court.;