Aditya Kumar Trivedi, J.

1. None appears on behalf of appellant on repeated calls, whereupon, Sri Baban Roy, learned Advocate has been requested to assist the court as an Amicus Curiae.

2. Appellant, Md. Shahabuddin has been found guilty for an offence punishable under Section 376 of the IPC and sentenced to undergo RI for 7 years as well as to pay fine of Rs. 5000/- in default thereof, to undergo SI for six months additionally with a further direction that the period of custody having been undergone during course of trial be set off in accordance with Section 428 CrPC vide judgment of conviction 21.01.2009 and order of sentence dated 22.01.2009 passed by Additional District & Sessions Judge, Fast Track Court No.V, Jamui in Sessions Trial No. 119 of 2008.

3. Pw-2, the victim (name withheld) filed a written report on 08.06.2007 disclosing therein that her father suffers from ailment whereupon her mother cares her along with other sisters and brothers on an earning from menial works. In the night of 19.05.2007, while she was asleep in a room of her house, Md. Shahabuddin son of Md. Jalal R/O Village-Mahadeo Simariya, PS-Sikandra, Distt-Jamui intruded inside the room, pounced u