Gopal Prasad, J.

1. Heard learned counsel for the appellant and learned counsel for the State.

2. The appellant has been convicted for offence under Section 376, 313 and 304 I.P.C. and sentenced to undergo imprisonment for seven years for offence under Section 376 I.P.C., five years for offence under Section 313 I.P.C. and six years for offence under Section 304 Part II of I.P.C.

3. The prosecution case as alleged in the written 2 report signed by the victim Pulbati Kumari that she used to live with her father Rup Lal Ganesh (P.W.2) and brothers Deo Narayan Ganesh (P.W.1) and Yogi Lal Ganesh (P.W.3) at village- Biranguri, P.S. Thakurganj, District- Kishanganj. The appellant Raisuddin used to come to her house to meet her brother. It is further alleged that Raisuddin raped her by enticing her. When she became pregnant she disclosed about pregnancy and then Raisuddin took her across the river Mechi and get Jaributi pushed in her vagina through a lady about 9-10 days prior to filing of the written report. When the blood start oozing out the victim became seriously ill then she disclosed about the occurrence to her brother Deo Narayan Ganesh and father.

4. On the written repor