- (1.) Heard the learned Counsel for the appellant and counsel for the State.
(2.) This appeal is directed against the conviction and sentence dated 8.5.2000 passed by Sri Rakesh Ranjan Verma, 5th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 33 of 1999 by which the learned Sessions Court found the accused guilty under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for eight years.
(3.) The prosecution case was started on the basis of fard beyan given by the informant Gahani Devi on 18.7.1998 near Block Chowk, Ormanjhi, District Ranchi, stating therein that on Wednesday on 15.7.1998, she had gone for grazing the goats to Dhageewan Jangal, villager Deo Nath Mahto had also gone there for grazing the goats. The place was lonely. Suddenly, the accused Deo Nath Mahto caught hold her and dragged her to a ditch. She tried to save herself by hulla but the accused closed her mouth and committed rape upon her. After committing rape, the accused Deo Nath Mahto threatened her, that if she discloses the occurrence to anybody in the village, then he would kill her. She came back weeping, leaving goats in jungle and disclosed the occurrence to her family members. She wanted to go to police station but Deo Nath Mahto threatened her that if she discloses then she would be murdered. On finding occasion, she went to the police station and gave her statement to the police and the case was registered under Sections 376 and 342 of the Indian Penal Code and after investigation, the police submitted chargesheet under the aforesaid sections. Since, the case was exclusively triable by the Court of Session, the learned Magistrate after taking cognizance of the case committed the same to Sessions. The case was then transferred to the court of learned 5th Additional Judicial Commissioner, Ranchi, where the trial was held.;