VISHNUDEO NARAYAN, J.

( 1 ) THE appellant named above has preferred this appeal against the impugned judgment and order dated 15-12-1989 passed in Sessions Trial No. 25/11 of 1989 by Shri Jawahar Lal Choudhary, 5th Additional Sessions Judge, Dumka (Santhal Parganas) whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo R. I. for five years.

( 2 ) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of P. W. 1, Bela Rani Nandan, the infomant and the alleged victim of this case recorded by S. I. Rabindra Kumar, O/c Raneshwar P. S. , District-Dumka on 12-10-88 at 20. 00 hours at Gulamdih More regarding the occurrence which is said to have taken place between 15. 00 hours to 15. 30 hours in her house situate in Village-Gulamdih, P. S. Raneshwar, District-Dumka. The formal F. I. R. (Ext. 5) was drawn on 13-10-1988 at 2. 30 hours which was received in the Court empowered to take cognizance on 13-10-1988.

( 3 ) THE prosecution case, in brief, is that p. W. 2, the informant was alone in her house at the time of the occurrence as her husband P. W. 1