JUDGMENT

1. Heard Mr. D.K. Prasad, learned counsel appearing for the appellant and Mrs. Laxmi Murmu, learned A.P.P. appearing for the State.

2. This appeal is directed against the judgment of conviction and order of sentence dated 04.05.2006 passed by Sri Amitabh Kumar, Sessions Judge, Hazaribag in Sessions Trial No. 300 of 1999, whereby and whereunder the appellant has been convicted for the offence under Sections 376 and 511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five (05) years with a fine of Rs.5000/-. In default of payment of fine, further rigorous imprisonment for five months.

3. The FIR has been lodged through the fardbeyan of the informant namely Munni Devi @ Muniya Devi (P.W.-4) wife of Dilchand Yadav (P.W.-1) on 01.05.1998 which has been registered as Hazaribag (Sadar) Muffasil P.S. Case No.179 of 1998 under Sections 376 and 511 of the Indian Penal Code.

4. As per the FIR on 26.04.1998 in the morning at about 6.00 a.m. the victim went to Kanhari Forest for collecting Mahua. The appellant who is a co-villager has suddenly caught hold her and put her down on the ground and torn her blouse and separated the cloths from her body. On raising