Loknath Prasad, J.

1. This appeal is directed against the judgment dated 30.4.93 passed by 1st Addl. Sessions Judge, Singhbhum West at Chaibasa in S.T. No. 374/91 thereby and thereunder the sole appellant was found guilty under Sec. 377 of the I.P.C. and he was convicted and sentenced to undergo R.I. for five years.

2. The prosecution case in short is that the victim girl Sarsawti Icha Gutto of village Bhoya, P.S. Sadar at about 6.30 P.M. or so after purchasing rice beer (Haria) from the local shop of the village and when she was returning in her residence then on the way the appellant asked her to come immediately after keeping the rice beer in the house as he had got some urgent work with her. The victim girl after keeping the rice beer in the house came to the appellant and enquired about the work then the appellant apprehended her and put a bed sheet which he was holding and took her near a lonely place in the village near railway line and got the victim girl naked and committed rape and after that in that very place sodomy was committed causing injury and bleeding. After commission of sodomy the appellant brought the girl near the village and threatened her not to disc