LAKSHMANA RAO, J.

( 1 ) THIS appeal is directed against the judgment and order of conviction and sentence dated 18-5-1991 and 21-5-1991 respectively passed by Sri Ram Vyas ram, 4th Additional Sessions Judge, Dumka in Sessions Case No. 422/1990, whereby and whereunder, the appellant was convicted under Section 376 IPC and sentenced to undergo R. I. for five years.

( 2 ) THE prosecution case has arisen on the basis of the written report, given by the informant, Chanchalakali Dasi, PW-1, to the officer-in- Charge, Masalia-P. S, on that basis a formal FIR, Ext. 3, was drawn. The informant has alleged that as usual on 14-12-1987 at 6 A. M. She was going to sell murhi to Golbazar. On her way to Golbazar when she reached Sitpahari, then the appellant, Bisheshwar Murmu, who was sitting there, forcefully, caught hold of her with an intention to outrage her modesty. When she raised alarm then the appellant fled away. Shivlal Murmu (not examined) of village Bediakale saw the alleged occurrence. She has alleged that the appellant carries a bad reputation and he always used to commit such type of offence in the village. On 15-12-1981 there was a Panchaiti in the village regarding the