Rakesh Kumar, J.

The sole appellant has approached this Court by filing the present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’). The appellant by judgment dated 28-02-2013 was convicted for commission of offence under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’) and Section 3(i) (xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC/ST Act’). By order dated 04-03-2013, under Section 376 of the I.P.C., the appellant has been directed to undergo rigorous imprisonment for life and to pay a fine of Rs. 30,000/- (thirty thousand). In default of payment of fine, he has been directed to further undergo imprisonment for two years. For offence under Section 3(i)(xi) of the SC/ST Act, he has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- (one thousand) and in default, he was directed to further undergo imprisonment for six months. All the sentences were directed to run concurrently. The judgment of conviction and sentence has been passed by Sri Sajal Mandilwar, learned Additional Sessions Judge Ist, Rohtas at Sasaram (hereinafter referred to as ‘Trial Judge’) in Sessions Trial No. 404 of 2007 (arising out of SC/ST Dehri P.S. Case No. 27 of 2007).

2. Short fact of the case is that on 28-04-2007, a written report addressed to officer incharge, SC/ST Police Station – Rohtas, Dehri was filed bearing R.T.I. (Right Thumb Impression) of alleged victim namely Guriya Kumari (P.W.4). In the written report, it was alleged that the victim, aged about 15 years, daughter of Ganesh Ram (P.W.3), resident of village – Budhawal, P.S. Karakat (Gorari), District – Rohtas, a member of Scheduled Caste, on 26-04-2007 after the storm at about 7:00 in the evening, she had gone in the mango orchard of one Ramta Singh S/o Suraj Singh of village Budhawal, to collect mangoes. She disclosed that she was keeping vigilance of the said orchard. While she was collecting mangoes, the appellant, aged about 21 years of her own mohalla, from backside caught her and carried her in a iykuh (open hut) and thereafter, forcibly committed rape with her. It was further mentioned in the written report that while accused was catching her from backside, her younger brother namely Nanhe Ram was also there and after seeing that he returned back to his house and informed her mother and HkkHkh (wife of her elder brother) and both of them arrived runningly. At that very time, the appellant was preparing to commit rape twice, however; after noticing those witnesses, he fled away. It was further indicated in the written report that regarding said occurrence, an information was given to Karakat (Gorari) police station, whereafter, the accused was apprehended by the police and subsequently, he was left out and it was also alleged that her case was never instituted there and this was the explanation regarding delay in filing written complaint in the police station. On the said hand written report in the second page, R.T.I. (Right Thumb Impression) of the victim (P.W.4) was obtained and on the said page, Left Thumb Impression of Ganesh Ram (P.W.3) father of the victim, R.T.I. of Sugana Devi (P.W.1) mother of the victim and R.T.I. of one Usha Devi (not examined) were also obtained.

3. On the basis of said written report, on the same date i.e. on 28-04-2007 at 9:00 AM, a formal F.I.R., vide SC/ST Rohtas Dehri P.S. Case No. 27 of 2007, was registered for offence under Sections 341, 376 of the I.P.C. and Section 3(i)(x) (xi) of the SC/ST Act against sole appellant. Thereafter, the victim was got examined by a medical officer i.e. P.W.5 Dr. Jayshree Chandra and for ascertaining her age, the victim was examined by a Medical Board. During investigation, the investigating officer found the case true and thereafter, on 30-06-2007, chargesheet was submitted against the sole appel