JUDGMENT

Ratnaker Bhengra, J. - This criminal appeal is directed against the judgment of conviction and order of sentence dated 16.01.2003 passed in S.T. No. 81 of 2002 by learned 2nd Additional Sessions Judge, West Singhbhum at Chaibasa whereby and whereunder the appellant has been found guilty and convicted for offence punishable under section 376 of the Indian Penal Code and sentenced to undergo R.I. for 7 years and to pay fine of Rs. 2000/-.In default of payment of fine appellant was to further undergo R.I. for six months.

2. The case of the prosecution, in brief, as per the feardbeyan of the informant or victim P.W.-1(name concealed) is that on 12.2.2002 at about 7.00 p.m. informant had gone in her neighborhood to participate in the death ceremony of deceased Robro Kairam.There Robro Kairam''s son-in-law Roya Bobanga (accused or appellant herein) and daughter Pundi Kairam told the informant to fetch water where feast was going on. Then informant fetched water from her house and carried to the house of the deceased Roboro. Thereafter when informant was coming back to her house, the accused Roya Bobanga forcibly lifted her in his lap. Informant raised alarm but no one reached there. The accused pressed her mouth and took her in bushes near her house, thrashed her on the ground and took out her pant and forcibly committed rape upon her twice. She raised alarm but no villager came there to save her. After the occurrence the accused Roya Bobanga ran away to his sasural leaving her behind. The informant went weeping to the house of her uncle Subedar Kairam and told about the occurrence to her aunt Muni Kairam and in the night she slept with her aunt. In the next morning her mother and father came searching her then she told about the occurrence to them and to villagers. Informant further stated that the pant, which she wore at the time of occurrence, was washed by her on that day but there was still some blood stain on the said pant.

3. On the basis of the fardbeyan of the informant Noamundi P.S. Case No. 6 of 2002 dated 13.2.2002 under section 376 of the IPC was registered against the accused. After investigation police charge sheet was submitted against the accused and cognizance of the offence was taken and the case was committed to the court of sessions. Trial was held and at the conclusion of trial the accused or appellant herein was convicted and sentenced as aforesaid. Hence, this appeal.

4. Prosecution examined altogether eight witnesses in support of its case.PW-1 is the informant and victim herself.PW-2 Heera Kairam and PW-3 Gura Kairam are the mother and father of the informant respectively.PW-4 Munni Kairam and PW-5 Sumi Kairam are the aunt of the informant. PW-6 is Bhagat Chatamba,PW-7 is the investigating officer of the case and PW-8 is Dr. Vinod Kumar Pandit who was a member of medical Board which examined the victim girl.

5. P.W-1 is the informant or victim of the case. She stated in her evidence that on the date of occurrence Pundi Kairam and her husband Roya Bobanga came to her house and asked her to fetch water to their house. A person had died in their house and on this occasion feast was arranged in their house. At para-3 of her examination -in-chief she stated that on that day at about 7.00 p.m. she was returning to her house then on the way accused Roya Bobanga caught her waist with one hand and pressed her mouth with other hand and carried her in bushes at some distance. At para-4 informant stated that there accused thrashed her on the ground and took out her pant and committed rape upon her twice and then accused fled away. She further stated that she raised alarm but no one came there. Then she went weeping to the house of her uncle Subedar Kairam and told about the occurrence to her aunt. On the next day her parent and aunt took her to the police station, where she gave her statement. Informant further stated that her pant and frock were seized by the police for document was made on which she and her f