JUDGMENT :

RATNAKER BHENGRA, J.

1. This criminal appeal has been filed against the judgment of conviction dated 12th July, 2010 and the order of sentence dated 16th July, 2010, passed by the learned Additional Sessions Judge, Fast Track Court 6th, Dhanbad in Sessions Trial No. 142 of 2005, whereby, the appellant has been convicted for the offence under section 376 of the Indian Penal Code and sentenced to undergo RI for seven years with a fine of Rs. 25,000/- and in default thereof, appellant was directed to undergo SI for further period of four months. It was further ordered that period undergone during trial shall be set off.

Case of the prosecution:

2. The prosecution case, in brief, as per the complaint case being C.P. Case No. 557/2000 filed by the PW-1 complainant (name concealed) before the C.J.M. Dhanbad on 29.05.2000 is that on 22nd May, 2000 at 05:30 pm to 06:00 p.m. the complainant PW-1 along with her younger sister Ganga Bala Dan (PW-2) had gone to nearby tank for defecation. The complainant had concealed herself near a bush and in the meantime two accused persons Hemchandra Dan (appellant herein) and Madan Chandra Dan came there. The appellant committed rape upon her and w