(1.) The appeal is directed against the judgment of conviction and order of sentence dated 16th February, 1999 passed by Shri Tarkeshwar Prasad, Sessions Judge, Gumla in Sessions Trial No. 74 of 1998, by which judgment he found the appellant guilty under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for 10 years.
(2.) It is submitted by the learned Counsel for the appellant as amicus curie that although the first place of occurrence has been proved by the evidence of the witnesses, but the second and third place of the occurrence has not been proved. Moreover, the doctor-P.W.8, who examined the victim girl and found no sign or symptom of forcible sexual intercourse act and the victim girl was major and used to sex, in that view of the matter, the conviction of the appellant under Section 376 of the Indian Penal Code is bad in law and fit to be set aside.
(3.) On the other hand, learned Counsel for the State has supported the prosecution case and stated that all the witnesses have proved beyond reasonable doubt that the first place of occurrence was near the paddy filed where the victim lady was raped by the accused-appellant, Mukdeo @ Mukhdeo Naik and the doctor found dead sperm in vaginal swab, in that view of the matter, the conviction of the appellant is proper and requires no interference by this Court.