ASGAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under Section 376 IPC and sentenced to RI for ten years and a fine of Rs. 5,000/- in default of which RI for one year by the Additional Sessions Judge, F.T.C.-V, Hajipur in S.Tr. No. 302/05 by a judgment dated 01.12.2006.

(2.) The prosecution case according to P.W. 2, Md. Ajij is that on 09.04.2005 the appellant was caught in his house on which a panchayati was held and the appellant was directed not to commit the same occurrence. However, on 18.04.2005 he attempted to repeat the occurrence. It was further alleged that 4-5 months back the appellant had forcibly committed rape on his daughter on account of which she was pregnant and thereafter he had given some medicines to abort.

(3.) During trial the prosecution in all examined four witnesses out of whom P.W 1 is a hearsay witness. P.W. 2 is the informant and the father of the prosecutrix. P.W. 3 is the prosecutrix herself and P.W. 4 is the Investigating Officer.