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MOHIT KUMAR SHAH, SHAILENDRA SINGH
Ranjit Sharma – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present appeal under Section 374 (2) read with Section 389 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”) has been preferred against the judgment of conviction and sentence dated 12.05.2015 and 18.05.2015 respectively, passed in Sessions Trial No. 216 of 2012 (arising out of Khagaria (Gangour) P.S. Case No. 156 of 2012) by the learned 1st Additional Sessions Judge, Khagaria (hereinafter referred to as “the learned Trial Judge”). By the said judgment, the learned Trial Judge has convicted the sole appellant for commission of offence under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.
2. Short facts of the case are that on 31.03.2012 at 22:00 hours, fardbeyan of one Sumitra Devi, wife of Arjun Goswami (P.W. 2), was recorded by the Station House Officer (SHO), Gangour O.P. (Camp Sadar Hospital, Khagaria), at Sadar Hospital, Khagaria. In the fardbeyan, Smt. Sumitra Devi (hereinafter referred to as “the informant”) has stated that her grand-daughter (hereinafter referred to as “the prosecutrix”) was staying with her since past 3-4 years in her house. On 31.03.2012 at about
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