(1.) This appeal is directed against the judgment of conviction dated 3-12-1999 and corresponding sentence passed by the Sessions Judge, Singhbhum West at Chaibasa, whereby the appellant Berga Doraiburu was convicted for the offence under section 376 of the Indian Penal Code and sentenced to undergo imprisonment for 7 years.
(2.) Brief facts of the case, which was registered on the basis of the fardbeyan of the prosecutrix (PW3) on 11-1-1991, is that in the morning of 11-1-1991 at about 8.00 am, the prosecutrix who claims to be aged 11 years had gone to case herself at the bank of river Chutuibir. The present appellant accosted her and after felling her on the ground, he committed rape on her forcibly. When she wanted to raise alarm, he allegedly pressed her throat and had also shut her mouth. The victim thereafter came to her house and narrated the entire incident to her parents and other members of the family. Her father Atmanand Honhaga took her to the police station where her fardbeyan was recorded and on the basis of which, the instant case was registered.
(3.) Accused/appellant had pleaded not guilty to the charge, claiming that he has been falsely implicated in this case on account of previous enmity with the father of the prosecutrix.