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06.05.2025 Heard Mr. A. S. Dayal, learned counsel for the appellant and Manoj Kumar Mishra, learned A.P.P. for the State.

2. This appeal is directed against the judgment of conviction and order of sentence dated 01.09.2018 (sentence passed on 06.09.2018) passed by Sri Lolark Dubey, learned Additional Sessions Judge I cum Special Judge, Gumla in connection with S. T. No. 260 of 2013 whereby and whereunder the appellant has been convicted for the offences punishable under Sections 376 and 346 I.P.C. and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 20,000/- for the offence under Section 376 I.P.C. and in case of default in payment of fine to undergo simple imprisonment for 6 months and rigorous imprisonment for 1 year for the offence under Section 346 I.P.C. Both the sentences were directed to run concurrently.

Based on the aforesaid allegations, Raidih P. S. Case No. 23 of 2013 was instituted under Sections 376 and 346 I.P.C. On completion of investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the court of Sessions where it was registered as S. T. No. 260 of 2013. Charges were framed against the accused under Sections 376 and 346 I.P.C. which were read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

23. The Police, after completing the investigation, had submitted the chargsheet against the appellant under Section 376 and 346 of IPC and kept the investigation pending against one Lalit Yadav.

24. After supplying the police papers to the accused- appellant, the case was committed to the Court of Sessions.

Thereafter, the charges were framed under Sections 376 and 346 of IPC on 04.09.2014 by the Shri AkhilKumar, the learned Additional Sessions Judge-I, Gumla and to which he pleadednot guilty and claimed to be tried.

Ext.B is the certified copy of FIR of Raidih P.S. Case No.41/2010 and Ext. C is cognizance order dated 24.09.2010.

29. Thereafter, the learned Court below had convicted the appellant for the offences under Sections 376 and 346 of IPC and sentenced undergo to R.I. for life and under Section 346 to R.I. for one yearrespectively.

30. So far as the evidence of prosecution witnesses is concerned, PW-1 is Ranjit Oraon who stated during evidence that occurrence on 21.04.2020 i.e. Sunday at that time he had gone to market and when he returned around 8 P.M. then he found that victim girl was not in the house and then he searched herat nearby places as she had gone for grazing ox.He searched for whole night but she could not be traced. On the next morning, he received a telephone from one of Lal Mohan Oraon and he went to his house and found the victim girl present there and then she informed that the appellant Dharmesh Oraon had committed rape upon her by establishing physical relationship with her, then he went before the Police Station and the victim girl submitted the written application on which he put his signature i.e. Exhibit-1. He had handed over the pink dress of the victim girl and also the black panty of the victim to the police station and he also put signature in seizure list marked as Exhibit-2.