ORDER :

1. This appeal is directed against the judgment of conviction and order of sentence dated 07.02.2006 passed by the learned Addl. Sessions Judge-II, Rajmahal, Sahibganj in Sessions Case No. 103 of 2004, arising out of Barharwa P.S. Case No. 05 of 2004, corresponding to G.R. Case No. 39 of 2004, Rajmahal, Sahibganj, Jharkhand whereby and where under the accused appellant has been convicted under sections 376 of IPC and sentenced to undergo Rigorous Imprisonment for seven years.

2. The prosecution story arose in the wake of the written report of informant (Hereinafter referred to as ‘victim’ to maintain the confidentiality of her name: PW-1) wife of Madiur Sk. resident of village Sirasin under Barharwa P.S. in the district of Sahibganj wherein it was stated that on 2nd February 2004 it was Bakrid festival, on that day at about 9.00 a.m. in the morning the said Maidur Sk., husband of the informant (victim) along with other villagers had gone to Id-gaha, Sahebdanga for offering Namaz. At that time, the informant along with a dumb girl had gone to Naya Pokhar (pond) outside the village to take bath. As soon as she reached near pokhar, she saw the accused came out of Rahar bush taking a hasuwa (a sharp cutting weapon) in his hand and pressed her mouth and at the point of hasuwa asked her to be silent. Out of fear, she started shivering, in the meantime, the accused caught hold her neck and thrown her on the ground near bushes, in spite of protest, it was stated that the accused started molesting her and also committed rape upon her. The dumb girl seeing the situations started weeping and rushed towards the village and informed the villagers. Some of the ladies from the village came towards the pokhar and seeing them the accused after committing rape started fleeing away towards Satkhaw village. On hearing hulla, the informant’s husband and other villagers, who were returning back to the village after offering Namaz, came and followed the accused. It is stated that the accused came to his house situated at village Beldanga and entered into his house. Thereafter, the informant’s husband and the other villagers and some of the villagers of village Beldanga namely Pradip Saha, Vidhyadhar Rawani, Dilip Ramani, Bhoga Rajwar, Foni Rajwar and Rampad Rajwar brought the accused out of his house and thereafter, the accused confessed his guilt. It was further stated that the name of the accused was Ansar Rajwar, who was the resident of village Beldanga under Barharwa P.S. and the villagers of Beldanga told the informant to hold a panchayat, but, the appellant did not come in panchayati and the informant’s husband came to know that the accused Ansar Rajwar had fled away somewhere else thereafter the informant came to the P.S. and submitted her written report about the occurrence.

3. Upon the submission of the aforesaid written report the present case was registered by police bearing Barharwa P.S. Case No. 05/04 dated 05.02.2004 u/s 376 of the IPC against the accused and took up investigation. On conclusion of investigation, the police submitted charge sheet against the accused for the offence punishable u/s 376 of IPC, 1860 and accordingly, the learned A.C.J.M., Rajmahal took cognizance of offence and transferred the file of case to the S.D.J.M., Rajmahal for commitment. Later on, the case was committed to the court of sessions.

Charge against the accused was framed on 31.08.2004 by learned Additional Sessions Judge (F.T.C.), Rajmahal, under section 376 of IPC and it was read over and explained to him in Hindi to which he pleaded not guilty and claimed for trial. The accused pleaded innocence and false implication in this case.

4. The learned trial court after conducting the full-fledged trial passed the impugned judgment of conviction and order of sentence which is under challenge in this appeal.

5. Heard Mr. Deen Dayal Saha, learned counsel appearing on behalf of the appellant and Mrs. Mohua Palit, learned A.P.P. appearing on behalf of