JUDGMENT (ORAL)

Gopal Prasad, J.—Heard the learned counsel for the appellant and the State.

2. The appellant has been convicted under Section 376 of the Penal Code and sentenced to undergo rigorous imprisonment. for ten years and a fine of Rs.5,000/- and in case of non-payment of fine to under go further imprisonment for four months.

3. The prosecution case, as alleged in the fardbeyan that the informant, Ravina Khatoon, aged about 14 years, went to meet the call of nature on 19.05.2011 at 08.30 P.M. to the east of her house in a bamboo club along with her niece, Mosarrat Khatoon (P. W. 2), aged 9 years. As soon as, they reached in the bamboo club, then, Asgar Ansari, the appellant, aged 30 years, caught hold of her and did not permit her to flee away and, thereafter, pressed her mouth and thrown her on ground and tied her with clothes and forcibly raped her, though the victim protested, but, the appellant continued the rape. In the meantime, the victim, any how managed to remove the hand of appellant from her mouth and made a cry, then, he left her and flee away towards west and while going he threatened not to disclose about the occurrence else she will be killed. Thereafter, the