JUDGMENT :

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is directed against the final judgment and order dated 30.01.2014 passed by the High Court of Judicature at Patna in Crl. A. No. 251 of 2002 whereby the High Court dismissed the appeal filed by the appellant herein and upheld the order dated 24.04.2002 of the 4th Additional District & Sessions Judge, Samastipur in Sessions Trial No. 233 of 1999.

3. The appeal involves a short point as would be clear from the facts stated infra.

4. The appellant was prosecuted and eventually convicted for an offence punishable under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced to undergo rigorous imprisonment for 7 years by the Sessions Judge. The conviction and sentence was upheld by the High Court. The appellant (accused) is now in appeal in this Court against his concurrent conviction / sentence.

5. So, the short question, which arises for consideration in this appeal, is whether the two Courts below were justified in convicting the appellant for an offence punishable under Section 376 IPC.

6. PW-3 lodged a complaint on 15.12.1997 complaining therein that the appellant in the previous night at