JUDGMENT :

Sanjay Prasad, J.

This Criminal Appeal has been filed on behalf of the appellant challenging the judgment of conviction and sentence, both dated 14.02.2008 passed in S.T. No. 100/2004 passed by Shri Bhola Prasad, learned Additional Judicial Commissioner-XX, Ranchi, by which the appellant has been convicted for the offence under Section 376 I.P.C. and sentenced to undergo R.I. for a period of eight years and the learned Court below has further directed that the period of detention undergone by the convict as under trial prisoner shall be set off towards the period of sentence in view of Section 428 of the Cr.P.C.

2. The prosecution case was initiated on the basis of written report submitted by victim, aged about 14 years, stating therein that on 11.4.2003 at about 10.30 A.M., while the informant-victim had gone to the nearby forest for picking dung. Then, at that time the accused Kario Nayak, son of Malinder Nayak came and caught hold of her from her back side. On that she told the accused Kario Nayak that she is his cousin sister so why he wants to outrage her modesty. On that the accused replied that he treats his own sister only his sister and the rest are not his sister