- (1.) THIS appeal is against the judgment of conviction and order of sentence dated 27.11.2001 passed by Shri Prabhu Tiwary, 3rd Additional Sessions Judge, Chaibasa in Sessions Trial No. 6 of 2000, by which judgment, the learned Additional Sessions Judge found the sole appellant, Bipin Soi guilty for the offence under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years.
(2.) THE Prosecution case was started on the basis of fardbeyan given by the informant, Devendra Purty (P.W.2), brother of the victim lady Smt. Birang Kui (P.W.1), stating therein that on 26.06.1999 on about 8 A.M. in the morning his sister came to her father's house, Barukuti, Chhota Kuira and after meeting everybody, when she was going to her sasural, Tutiguttu then she was followed upon by the appellant Bipin Soi at about 4.30 P.M. near Jamagara Dam finding his sister alone, he committed rape upon her. On protest and hulla made by his sister, one Bahadula Hembrom (P.W. ), who was coming towards the forest came there, whereupon the accused ran away. Then, she came to her naihar (father's house) and narrated the entire occurrence to her family members. In the next morning, a panchayati was called and in the panchayati the accused Bipin Soi refused to accept the punishment, hence, this case was lodged before the police station on 01.07.1999. 3 On the basis of the said fardbeyan, the police registered a case under Section 376 of the Indian Penal Code and after investigation police submitted charge sheet under Sections referred to above.
(3.) SINCE , the case was exclusively triable by the court of Sessions, learned magistrate after taking cognizance committed the case to the Court of Sessions for trial and subsequently, the case was tried by the 3rd Additional Sessions Judge, Chaibasa and the appellant was found guilty and convicted and sentenced as aforesaid.;