JUDGMENT :

Heard learned counsel for the parties.

2. This appeal is directed against the judgment of conviction and order of sentence dated 07/08.12.2004, passed by the learned Additional Sessions Judge-cum-Fast Track Court No.1, Gumla, in Sessions Trial No. 55 of 2003; whereby the appellant was convicted under section 376 IPC and sentenced to undergo R.I. for 7 years.

3. The prosecution case in short is that on 22.01.1995 at about 7 p.m. the informant was returning home after attending the call of nature. On the way, appellant stopped her, took her in his home, at that time he was alone and forcibly committed rape upon her by covering her face with cloth. When she threatened to disclose the fact to the villagers, he assured her that he will marry her and on pretext of marriage he continued sexual relationship with her, due to this reason she became pregnant.

4. Learned counsel for the appellant submits that he has been falsely implicated in this case and since the appellant had married another girl, therefore, the prosecutrix has filed this case. The prosecutrix was already married and therefore, there could not be any second marriage of the prosecutrix with the appellant and the P.Ws