ADITYA KUMAR TRIVEDI, J.:–Sole appellant, Md. Ashique Mistri has been found guilty for an offence punishable under Section 376 IPC and sentenced to undergo RI for 10 years as well as to pay fine appertaining to Rs. 25,000/ in default thereof, to undergo SI for 1 year additionally, vide judgment of conviction dated 26.11.2014 and order of sentence dated 28.11.2014 passed by Additional District and Sessions Judge-3rd, Gaya in Sessions Trial No. 436/2009/406/2006.

2. Name withheld, PW-1 gave her Fard-e-beyan on 22.02.2006 divulging the fact that she happens to be aged about 16 years. As she was suffering from some sort of ailment and for that, she was being treated. During course thereof, about 7-8 months ago, she had gone to Patna along with Md. Ashique Mistri who happens to be her uncle to see Dr. Md. Ejaz Ali. Because of the fact that the aforesaid doctor used to see patients in the night, they stayed there after having been seen by the doctor in the following morning, they returned back. After 15 days, they both visited place of the doctor. Doctor had seen her at about 10.00 PM. She slept with her uncle, Md. Ashique Mistri over roof. While she was asleep, her uncle began to tease her and then untied her clothe which she protested whereupon, he said that nothing will happen. He threatened also that in case of raising alarm, she will have to face dire consequences, as a result of which, she became very much afraid of and taking advantageous position, Md. Ashique Mistri committed rape. On the following morning, while they were returning, he continued with threatening that in case of discloser, not only she rather her whole family will be eliminated. She had not disclosed the event of rape to her family members out of fear. Subsequently thereof, some sort of differences cropped up in both the family with regard to cash transaction. About three months thereafter, while she was accompanying a kid to meet the nature’s call, Md. Ashique Mistri caught hold of her, took her to the husk room and then committed rape. At that very moment also, he had threatened her and so she had not disclosed the event to her family members. About 15 days thereafter, while she was going to purchase milk, again became victim of lecherous activity of Md. Ashique Mistri. As she was indolent, she became unable to perceive regarding her pregnancy at an earlier moment. About 3-4 days ago, she perceived abnormal activity in her stomach, on account thereof, she disclosed the event to her family members whereupon she was taken to a Nurse who confirmed it a case of pregnancy. Then thereafter, the matter was discussed in the village and as per direction of the villagers, this case has been instituted.

3. On the basis of the aforesaid Fard-e-beyan, Belaganj PS Case No. 27/2006 was registered, followed with an investigation. After completing the same, charge-sheet was submitted facilitating the trial, the subject matter of instant appeal.

4. Defence case as is evident from the mode of cross-examination as well as statement under Section 313 CrPC is that of complete denial. It has also been submitted that the victim as well as her mother happen to be promiscuous women and on account thereof, their paramours always remain at their place whereupon, their indulgence in sexual activity ultimately, cost prestige of the victim by way of pregnancy. As the appellant was protesting their illegal activity, he has been involved in this false and frivolous case. However, appellant has not taken pain to examine any witness in his defence nor exhibited any kind of document.

5. In order to substantiate its case, prosecution had examined altogether 12 PWs out of whom PW-1, victim, PW-2, Md. Raza Alam, father of the victim, PW-3 Md. Javed Akhtar, co-villager, PW-4, Md. Imteyaz, co-villager, PW-5, Md. Faiyaz Ahmad, uncle of the victim, PW-6, Md. Shahabuddin, uncle of the victim, PW-7, Aminuddin @ Md. Amin Miyan, co-villager, PW-8, Naushad Akhtar, FIR attesting witness, PW-9, Md. Akbar, FIR

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