Vide judgment of conviction dated 28.02.2017, appellant Subodh Kumar has been found guilty for an offence punishable under Section 376 of the I.P.C. and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.50,000/- and in default thereof, to undergo R.I. for two years, additionally, with a further direction that the period having undergone during course of trial would be subject to set off in accordance with Section 428 of the Cr.P.C. vide order of sentence dated 03.03.2017 passed by the 4th Additional Sessions Judge, Darbhanga in Sessions Trial No.50 of 2015.

2. Name withheld victim/informant (PW-5) filed Complaint Petition No.1842 of 2013 on 07.11.2013, showing the date of occurrence from 15.02.2013 to 03.11.2013, having an allegation that accused Subodh Kumar happens to be her neighbour as well as distant relative on account thereof, are on visiting term. It has further been disclosed that on 15.02.2013, the family members of the informant had gone to participate in Saraswati Puja, whereupon she was alone. At about 1.00 p.m. accused Subodh Kumar came at her house, inquired about the other family members and then, having been divulged by the