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 l