JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal, under Section 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction and order of sentence dated 30th November, 1994 passed by learned 2nd Additional Sessions Judge, Chaibasa, in Sessions Trial No. 543 of 1990, whereby and whereunder, the sole appellant has been convicted for commission of offence under Section 376, 302 and 201 of Indian Penal Code and sentenced to undergo imprisonment for life for the offence committed under Section 302 and has been further sentence to five years for the offence under Section 376 of I.P.C. and both the sentences passed were directed to run concurrently.

2. The prosecution story in brief as per the allegation made in the Fard Beyan by one Joseph Vengra, father of the deceased at about 8:30 a.m. on 29.12.1989, reads as under:

It has been alleged that the informant’s daughter Subnam Vengra on 28.12.1989 in the morning was playing in the village along with other children. The informant saw his daughter playing at about 11:00 a.m. by the side of the hou