The present criminal appeal has been preferred against the judgment of conviction and the order of sentence dated 06.02.2006 passed by the learned Sessions Judge, Hazaribagh in S.T. No. 321/2003 whereby the appellant has been convicted for the offences under Sections 376/511 of IPC and has been sentenced to undergo R.I for 5 years with a fine of Rs.5,000/- and in default of payment of fine, to undergo further S.I for five months.

2. The prosecution case in brief, as stated in the fardbeyan of the informant/victim (Gita Devi) recorded on 09.07.2002, is that she had gone to the clinic of the appellant situated at Village-Sondiha along with her husband Mangru Mahto at about 10 A.M. The appellant called her inside the clinic and her husband was told to stay outside. The appellant told her to take out her dress. Though she restrained, yet the appellant started taking out her ‘Saree’ and ‘Blouse’ and molested her breast. The appellant also took out his ‘Paijama’. When she raised Hulla, her husband rushed inside the room and caught the appellant. Thereafter, several persons gathered there, they assaulted the appellant and took him to the police station.

3. On the basis of the fard