JUDGMENT

Date : -02-2026

The instant appeal has been filed by the appellant against the judgment of conviction dated 02.11.2013 and order of sentence dated 07.11.2013 respectively passed by the court of Learned Additional Sessions Judge-II, Katihar in Sessions Trial No. 188 of 2010 arising out of Complaint Case No. 1456 of 2007. By the impugned judgment the appellant has been convicted for the offence punishable under Section 376 of the Indian Penal Code (in short ‘IPC’). By the impugned order of sentence he has been sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 376 of the IPC.

2. Here it is relevant to mention that the appellant and other two accused persons namely Bhudev Singh and Bhulia Devi were also charged for the offences punishable under section 313 and 504 read with section 34 of the IPC and they were acquitted of the said charged offences.

Prosecution story

3. The prosecution story appearing from the victim’s complaint in brief is as follows:-

As per the victim (examined as PW-4) on 28.02.2007 her father had gone outside her village to earn livelihood and her mother had also gone to the house of her elder sister. On that