(1.) The appeal is directed against the judgment of conviction and sentence dated 19.9.2001 passed by Shri Sitaram Mahato, 2nd Additional Sessions Judge, Seraikella, Kharswan in Sessions Trial No. 87/2000, by which judgment he found the appellant, Raja Ram Mahato, guilty under Section 316 of the Indian Penal Code and convicted him thereunder to undergo R.I. for 7 years for the said offence. However, the appellant was acquitted from the charges under Sections 376 and 493 of the Indian Penal Code.
(2.) THE prosecution case was started on the basis of first information report given by' the informant, Sarita Kumari on 28.6.99 stating therein that she had been suffering from paralysis by one hand and one leg. Three years back she was alone in her house and the accused, Rajaram Mahto entered into her house and stated that he wants to marry her and on the pretext of marriage he made sexual relationship with her. Since the accused -appellant promised her to marry her, if she did not disclose the occurrence to anybody. It is alleged that whenever she was alone in her house the accused -appellant seeing the opportunity always used to enter into her house and committed rape upon her by force. When she became four months pregnant then she informed about the occurrence and about her pregnancy to mother of Bikhari Mahto on 20.5.1.999. Thereafter, she disclosed the matter to her parents, she stated that on 22.5.99 at about 3 p.m. the accused Rajaram Mahato finding her alone entered into her house and brought her to his own house on the promise of marriage, but subsequently he refused to marry her then the mother and father of the accused -appellant with the help of nurse got her aborted. When she became fit she lodged this F.I.R.
(3.) SINCE , the case was exclusively triable by a court of sessions, learned Magistrate after taking cognizance of the case committed the same to the Court of Sessions. Subsequently, the case was transferred to the Court of 2nd Additional Sessions Judge, Seraikella where the trial was held as aforesaid.