(1.) The appellant, Master Mirdha, who is a resident of Village Birajpur, P.S. Hausdiha in the District of Dumka has appealed against his conviction under S. 376 of the Indian Penal Code for which he has been sentenced to undergo 7 years' rigorous imprisonment. He was tried by the 8th Additional Sessions Judge, Dumka.
(2.) The case of the prosecution in brief is that on 23-12-1991 the Informant, Tale Murau (P.W. 6) was returning from Gangawarahat along with her husband, Sitalal Besra, P.W. 4. they boarded a Maxi for going to their village Barahatti. The conductor of the Maxi informed her husband that the Maxi will not stop at their village Barshatti. The husband got down from the Maxi but surprisingly the Informant did not get down with her husband. The Maxi proceeded further and stopped at Village Markund. It is alleged that the appellant took the prosecutrix out of the Maxi on the protest that it was Village Barshatti. The appellant took her towards the forest of Akasia and she was raped at a lonely place. She raised hulla but none came to her rescue. Her husband somehow reached there to whom she she informed about her ordeal.
(3.) The defence of the appellant was that he has been implicated on account of protest being made by the appellant against distilling of illegal liquor by the prosecutrix.