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 when the complainant tried to raise halla, the appellant put saree in her mouth. The other accused Madan Chandra Dan had overpowered PW-2 Ganga Bala Dan and threatened her of dire consequences. Complainant further stated that she was aged about fourteen years and the appellant was her neighbour and prior to the occurrence also appellant had made indecent gesture in one or two occasions and had made proposal to the complainant, but, the complainant refused and resisted his behaviour. After returning home, the complainant informed about the occurrence to her father Tara Pada Dan (PW-3). Thereafter, the father of the complainant went to the house of the appellant and complained to the appellant’s father regarding the misconduct of his son. The appellant confessed his guilt and promised to marry the complainant and on such promise, the father of the appellant requested not to lodge any complaint to the police. Further case of the prosecution is that on 26th May, 2000, the father of the complainant again went to the house of the appellant and requested his father for fixing the date to marriage but the appellant and his father refused to marry with the complainant. On the next day, a village panchayati was held in which PW-4 Jaldhar Sahni, PW-5 Surender Dan and PW-6 Uma Podo Dan participated, but, before the panchayati also appellant’s father refused to marry his son with the complainant. On the next day, the father of the complainant went to the police station and reported the matter to the police where he was advised to file a complaint before the Court.

3. The said complaint was transferred to the Court of the learned Judicial Magistrate, Dhanbad for inquiry under section 192 of the Code of Criminal Procedure and the learned Magistrate took cognizance under section 376 of the Indian Penal Code against the appellant and under section 341 of the Indian Penal Code against the co-accused Madan Chandra Dan and committed the case to the Court of Sessions. Here it is pertinent to note that other co-accused Madan Chandra Dan was absconding and hence the case was separated. Charges were framed against the appellant under sections 376(2)(g) and 341 of the Indian Penal Code and trial held. At the conclusion of the trail appellant was convicted and sentenced as aforesaid. Hence, this appeal.

4. Prosecution had examined altogether six witnesses in support of its case out of whom PW-1 is the complainant of the case; PW-2 is Ganga Dan, who is the sister of the complainant; PW-3 is Tara Pada Dan, who is the father of the complainant; PW-4 is Jaldhar Sahni, who is the maternal uncle of the complainant; PW-5 is Surendra Dan and PW-6 is Uma Pada Dan.

5. PW-1 is the victim or the complainant of the case. Complainant had stated in her evidence that on 22.05.2000 at 5.30 p.m. i