Kailash Prasad Deo, J. - (1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 21.04.2004, passed by learned Additional Sessions Judge IX, Dhanbad, in Sessions Trial No. 431 of 2003, whereby the sole appellant who has been charged under Section 376/511 of the Indian Penal Code, has been convicted for the offence committed and punishable under Section 354 of the Indian Penal Code but acquitted the appellant from the charge under Section 376/511 of the Indian Penal Code and awarded rigorous imprisonment for two years with a fine of Rs. 1,000/- and in default of payment of fine, to further undergo simple imprisonment for three months.
(2.) The prosecution case is based upon the written report submitted by Raj Kumar Gupta (P.W. 2) before Officer-in-Charge, Chirkunda (Panchet) Police Station on 04.09.2003 alleging therein that he was at his shop along with his wife Sushma Devi (P.W. 3) and his daughter Rajni Kumari (P.W. 1), aged about 12 years was at her house. It is stated that at about 4.00 P.M. when wife of the informant returned to his house, she saw Rajni Kumari was crying. On query, Rajni Kumari has disclosed to her mother that at around 3.00 P.M., neighbourer namely Manoj Raut, son of Bujhawan Raut came to the house of Rajani Kumari and informed that her mother has demanded tiffin. When the daughter of the informant went inside the house, Manoj Raut also entered into the house and locked the door from inside, thrashed her on the ground and was trying to commit rape upon her. On brawl raised by Rajni Kumari, neighbours have assembled there and thereafter, the accused fled away. After getting knowledge of the occurrence, wife of the informant has informed the informant and thus, informant came to his house and got knowledge about the occurrence from Rajni Kumari and his neighbours also. The informant has further stated that he has informed his elder brother and members of the family about the occurrence and thereafter, with the help of villagers and family members Manoj Raut was searched who was found beside the school in the jungle and has also sustained some injuries while apprehended by the informant and co-villagers.
(3.) On the basis of written report of the informant, police has instituted Chirkunda (Panchet) P.S. Case No. 148 of 2003 dated 05.09.2003, under Section 376/ 511 of the Indian Penal Code against the sole appellant Manoj Raut.;