Aditya Kumar Trivedi, J. – Appellant, Md. Majharul @ Md. Majharul Haque has been found guilty for an offence punishable under Section 376 of the IPC and sentenced to undergo R.I. for eight years as well as to pay fine appertaining to rupees five thousand and in default thereof, to undergo R.I. for six months by the Additional Sessions Judge, IIIrd, Katihar in Sessions Trial No.647/2018.

2. PW.4, victim (name withheld) filed Complaint Petition No.1698 of 2012 on 16.06.2012 which was sent to the concerned Police Station for registration and investigation whereupon, Balrampur P.S. Case No.87/2012 was registered followed with an investigation as well as submission of charge sheet, facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.

3. Shorn of unnecessary details, the case of the prosecution in nutshell is that on 25.07.2011 at about 11:00 AM while victim was sleeping at her house in absence of her family members who have gone to do menial work, accused Md. Majharul @ Md. Majharul Haque came, gagged her mouth and committed rape. After rape, she began to cry whereupon accused has directed not to raise hue and cry as, he will marry. It had further be