JUDGMENT :

RATNAKER BHENGRA, J.

1. Heard the learned counsel for the appellant and the learned counsel for the state.

2. This appeal is directed against the judgment of conviction and order of sentence both dated 04.03.2010 passed by the learned Sessions Judge, Godda in Sessions Case No. 199 of 2008, whereby and where under, the appellant has been convicted under section 417 IPC and sentenced to undergo simple imprisonment for one year with fine of Rs. 500/- and in default of payment of fine, appellant was to further undergo SI for fifteen days.

3. The prosecution case is based on the typed written report of the PW-2 informant/ victim (name concealed) which was given at Godda (M) Police station on 13.02.2008. Informant had in her written report stated that two months before the filing of the instant written report, she had gone to the in-law's house of her brother at village Pramukh Tola, Sundar More. The appellant is the brother-in-law (chachera sala) of her brother and had established physical relationship with the informant for the last two months on the pretext of marrying her. When the informant told the appellant to marry her, appellant was evading the same but continued physical relationship with her. On 27.1.2008 in the evening when the informant told the appellant to marry her, the accused appellant agreed to marry but co-accused Asruddin Ansari, who is the brother-in-law of her brother, forcibly dragged away the appellant Rafique Ansari and told that even if Rs. 1,00,000/- is paid, the accused appellant will not be allowed to marry with the informant. At this the informant talked to the mother, father and relatives of the appellant and the appellant again was ready to marry her. But again Asruddin Ansari, Safique Ansari, Sukra Ansari and Doman Ansari assaulted the appellant Rafique Ansari and hence appellant refused to marry with the informant.

4. On the basis of written report of the victim-informant, Godda (M) PS Case No. 43 of 2008 dated 13.02.2008 was registered under sections 376/109/34 of IPC against the appellant and four other accused persons. After the investigation, charge-sheet was submitted against the appellant and the four other accused persons and cognizance of the offences were taken and the case was committed to the court of sessions. Charge was framed against the appellant under sections 376, 417 and 493 of IPC and regarding the other four accused persons, charge was framed under section 323 of IPC and trial was held. At the conclusion of the trial the four other accused persons were acquitted of the charge but the appellant was convicted and sentenced as aforesaid. Hence, this appeal.

5. Prosecution in support of its case has examined altogether nine witnesses out of whom PW-2 is the informant/victim; PW-1 is Md. Ishaque Ansari; PW-3 is Shorab Ansari; PW-4 is Kurban Ansari; PW-5 is Biru Ansari, who is the brother of the victim; PW-6 is Mustkin Ansari, PW-7 is Rizwan, who is the another brother of the informant; PW-8 is Babulal Choudhary, who is the Investigating Officer of the case and PW-9 is Dr. Usha Singh.

6. PW-2 is the informant or the victim of the case. Informant had stated in her evidence that 15-20 days before 26.01.2008, she had gone to the forest for collecting wood. Rafique Ansari forcibly gagged her mouth with cloth, she cannot raise halla and then he raped her. Rafique Ansari continued to rape her once in every 4-5 days for two months. Thereafter, she came to Fudan Tola, then appellant also came to Fudan Tola. He used to sit on a seat (pidha) outside her house in the night and whenever she used to come out of her house, Rafique Ansari used to do wrong thing forcibly with her. One day Rafique Ansari took her to Pramukh Tola. She told him to marry her otherwise she will not stay there. Informant further stated that panchayati was held and it was decided that Rafique Ansari will marry her, but, appellant’s father told he will not allow the marriage. In her cross-examination informant stated tha