ORAL JUDGMENT

Date: 20-11-2017

This appeal arises out of the judgment of conviction dated 26.6.2015 and order of sentence dated 1.7.2015 passed by learned Sessions Judge, Begusarai in Sessions Case No. 49 of 2006 whereby appellant has been convicted under Sections 376 and 511 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years and imposed a fine of Rs.10,000/- and in case of default in payment of fine, to undergo simple imprisonment for six months.

2. Prosecution case, in short, is that the victim informant Sanju Kumari (P.W.4) has lodged fardbeyan stating, inter alia, therein that while she was going to school on 28.8.2014 at about 8 A.M. and when she reached southern side of bamboo clumps of Fathi Mian, a boy caught her and forcibly brought her in the Maize field of Shiv Sah and after removing her undergarments, attempted to commit rape upon her and also molested her. On alarm rais