(1.) This criminal appeal is directed against the judgment of conviction dated 23.06.2009 and order of sentence dated 01.07.2009 passed by learned Judicial Commissioner, Ranchi in S.T. No. 660 of 2006 convicting the appellant under sections 376/511 of the Indian Penal Code and sentencing to undergo Rigorous imprisonment for five years and to pay a fine of Rs. 1000/- and in default to undergo simple imprisonment for one month.
(2.) The prosecution case, in brief, is that on 01.04.2006 in the evening at about 4.30 P.M., accused Vijay Munda made an attempt to commit rape on a girl, hereinafter referred to as the victim, aged about 6 years. The alarm raised by victim attracted her sister, the victim who rushed to the place of occurrence and saw her sister, the victim and accused were undressed and the accused was committing rape. She raised alarm and called her father. As soon as, the informant Nelson Minz who is the father of victim reached to the place of occurrence, accused Vijay Munda fled away.
(3.) On 02.04.2006 , a written report was lodged on the basis of which Lalpur P.S. Case No. 29 of 2006 under section 376 of the Indian Penal Code against accused Vijay Munda was registered. The police , after due investigation , submitted charge sheet under section 376/511 of the Indian Penal Code and accordingly, cognizance was taken. The case was committed to the court of sessions and registered as Sessions Trial No. 660 of 2006. The charge under section 376/511 of the Indian Penal Code was framed and it was read over to the accused to which he pleaded not guilty and claimed to be tried. After conclusion of the trial the appellant was convicted under sections 376/511 of the Indian Penal Code and sentenced as aforesaid. Hence, this appeal.