JUDGMENT :

Navneet Kumar, J.

This appeal is directed against the judgment of conviction dated 18.03.2004 and order of sentence dated 20.03.2004 passed by the learned Sessions Judge, Gumla in Sessions Trial No. 66 of 2003 whereby and where under the appellant Bhim Sahu has been convicted for the offence punishable under section 376 of IPC and sentenced to undergo Rigorous Imprisonment for 5 years and to pay a fine of Rs. 1000/- (Rupees one thousand only) and further in case of default of payment of fine, he has further been ordered to undergo R.I. for 3 months.

Prosecution Story

2. The allegations against the accused appellant arose in the wake of the Fardbeyan of the victim (P.W. 3) whose statement was recorded by the Officer I/C of Basia Police Station on 15.07.2002 in the district of Gumla (Jharkhand), which is hereunder: The informant P.W. 3 stated that at 7 p.m on dated 17.04.2002 she had gone in the back side of her Uncle Amin Sahu’s house to bring the fodder for the cattle, then the accused came near her and caught her hand. She gave jerk then accused took out a knife then the informant got afraid. It is further stated that accused assaulted the informant with kick and fist and laid her on the ground and after removing the petti-coat and sari the accused penetrated his penis into the vagina of the informant and in spite of resistance made by the informant, the accused committed rape and discharged the semen in her vagina. Thereafter, the accused got down from the body of the informant. It is further stated that the victim informant was weeping due to rape then accused assured her that he will marry her. It is further stated that the informant came back to her house and told about the occurrence to her parents. Then next day (16.7.2002) in the morning of the aforesaid occurrence, the father of informant told about the occurrence to the neighbours and co-villagers and called a panchayati, and the Panchayati continued from 8 to 12. 00 noon and the appellant was called, but, it was told that he had gone in a wedding function at Ranchi, then again on 19.07.2002 panchayati was convened, but, on that day also accused did not turn up under the guise that he has gone to Ranchi. It is further stated that in the morning of 20.04.2002 there was another panchayati in which accused came and on query by the members of the panchayati the accused confessed his guilt about the commission of rape upon the informant and took time for a week to marry with the victim.

She further stated that even after lapse of one month’s time when the accused appellant did not marry her, she asked from him to marry, but, he flatly refused to marry with her and threatened her to face dire consequences if criminal case is instituted by her. Therefore, she made an application through an advocate and submitted before the Superintendent of Police, Gumla and came back to her house.

3. The Officer-In-Charge of Basia Police station in the District of Gumla (Jharkhand) after recording fardbeyan of the victim P.W. 3, a formal FIR as Basia P.S. No. 44 of 2002 dated 15.07.2002 for the offence punishable u/s 376 IPC was registered and investigation of the case was commenced.

4. The I.O. after completing investigation submitted charge-sheet against the accused Bhim Sahu. Accordingly, cognizance was taken and later on the case was committed to the court of Sessions and charges U/s 376/417 IPC were framed against the accused Bhim Sahu.

5. The learned trial court after framing the charges against the appellant conducted the trial and after conclusion of the trial the learned trial court passed the impugned judgment of conviction and order of sentence which is under challenge.

6. Heard Mr. A.K. Kashyap, Sr. Advocate learned counsel for the appellant, Mrs. Lily Sahay, learned A.P.P. for the State and Mr. Baleshwar Yadav, learned counsel for the informant.

Argument on behalf of the appellants:

7. Learned counsel for the appellant submitted that:-

??The impugned judgment of conviction and