- (1.) THIS Criminal Appeal is directed against the judgment of conviction dated 28.9.2004 and sentence dated 29.9.2004 passed by the 1st Additional District and Session Judge Latehar in S.T. No. 63 of 2003 whereby the appellant is convicted under Section 376 I.P.C. and sentenced to undergo rigorous imprisonment of ten years and also to pay a fine of rupees 2000/ - and in default to further undergo simple imprisonment of two months.
(2.) THE prosecution case in brief is that on the basis of the fardbayan of the informant Niligrace Toppo a case has been registered against the appellant under Section 376 I.P.C. The informant Niligrace Toppo has stated in her fardbayan that she had gone to Jokhi Pokhar Village with few other girls to see the Annual Cultural Programme on 22.3.2003 where she stayed for overnight. Thereafter on 23.3.2003 while the informant was roaming around with her friends in the evening at Jokhi Pokhar, the accused Prakash Panna (the appellant) who happened to be informant's cousin in relation, met her and enquired about her welfare. Thereupon he offered the informant to drop her home on his Motorcycle. The informant in good faith accompanied him on his Motorcycle. The accused did not take her to her house but took her to Netarhat and kept the informant in a house near the Dam and asked her to wait for some time. It is further stated that the accused threatened her and asked her not to raise any alarm otherwise she would be killed and locked her in a room. Thereafter the accused committed rape on her in the night four times against her will and without consent. Next morning the accused took her on his Motorcycle and dropped her at the outskirts of her village. The informant managed to reach her house and she narrated the entire occurrence of previous night to her family members. On the basis of the aforesaid fardbayan a formal F.I.R. was drawn. The police investigated into the case and after completion of investigation, submitted a charge -sheet against the appellant (accused) under Section 376 I.P.C. Witnesses were examined and after hearing both the parties, the trial court convicted and sentenced the appellant in the manner stated above.
(3.) THE appellant has pleaded not guilty to the charge leveled against him and claimed himself to be innocent. His further defence that he has been falsely implicated in this case due to previous enmity.;