ORAL JUDGMENT

Date : 06-12-2025

Mr. Amit Kumar Maharaj, learned counsel present in court at the time of hearing agreed to assist this Court as amicus and, therefore, this Court appointed Mr. Amit Kumar Maharaj, as an Amicus Curiae to assist in disposal of present appeal.

2. The present appeal has been preferred by the appellant-convict under Section-374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction dated 20.04.2004 and order of sentence dated 24.04.2004 passed by court of learned Addl. Sessions Judge, (Fast-Track) Court No. 5, East Champaran, Motihari in Sessions Trial No. 128 of 1989/59 of 2003, whereby the concerned Trial Court has convicted appellant under Section 376 of the IPC, and sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 3,000/-.

3. The brief facts as per FIR, the victim being a widow lady had been working for the last three years in the house of appellant to sustain herself. About eleven months before the occurrence, accused allegedly grabbed her and committed rape upon her. According to her statement, appellant continued to sexually assault her repeatedly, taking adv