- (1.) HEARD learned counsel for the appellant and learned counsel for the State.
(2.) THIS appeal is directed against the judgment of conviction dated 27.4.2001 and order of sentence dated 28.4.2001 passed by Shri Hari Bhushan Prasad Sinha, 1st Additional Sessions Judge, Simdega in Sessions Trial No. 286 of 1997 by which judgment he found the appellant Telesfor Khalkho guilty under Sections 376 and 451 of the Indian Penal Code and sentenced to undergo R.I. for ten years under Section 376 of the I.P.C. and one year under Section 451 of the I. P.C. and he further directed that the sentences shall run concurrently. It is submitted by learned counsel for the appellant that the appellant Telesfor Khalkho is next door neighbour of the informant and he used to call her Mami and it appears that he has falsely been implicated in this case and as such the appellant may be acquitted from the charges levelled against him.
(3.) ON the other hand learned counsel for the State has submitted that the appellant taking advantage that there is no door in the house and there was marriage in the neighbourhood he entered the house by force and after closing mouth of the prosecutrix committed rape upon her and then he was caught hold by the prosecutrix and by the witnesses at the place of occurrence itself and all the witnesses have supported the fact in the Court and as such he has rightly been convicted and it requires no interference by the Court.;