Dharnidhar Jha, J.

1. The present appeal is directed against the judgment of conviction dated 24th February, 2005 passed by the Additional Sessions Judge - I, Madhubani in S.T. No. 33 of 2001 by which he found the Appellant guilty of committing offence under Section 376 IPC. The learned trial judge heard the Appellant on sentence on 28th February, 2005 and directed him to suffer rigorous imprisonment for ten years.

2. The prosecution case is contained in the petition of complaint bearing number 319 of 2000 which was sent to the police station concerned under Section 156(3) Code of Criminal Procedure for investigation. Accordingly, Bisphi P.S. Case No. 56 of 2000 was registered. The case was investigated into by P.W. 9 ASI Nathuni Jha, who examined the witnesses and made over the charge to the Officer Incharge on account of transfer and it appears that the accused was sent up for trial.

3. It further appears that during the course of investigation, a Board of doctors was constituted and the Board examined the lady on 20th September, 2000 and prepared the report (Ext.4). The report is not of much relevance except that it was recording a finding that the lady prosecutrix (P.W