ABDUL SATTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard, learned Amicus Curiae and learned counsel for the State.

(2.) This appeal is filed against the Judgment and Order dated 22nd September, 1998 passed by the Additional Sessions Judge, Kishanganj in Sessions Trial No. 312 of 1997 by which the learned Judge has convicted the appellant under Section 376 of the I.P.C. and sentenced to Rigorous Imprisonment for 5 years.

(3.) A written report given by the victim herself is made basis for the F.I.R., in brief, is to the effect that on 07.02.1996 at about 7.00 pm., when the informant went to meet the call of nature and just sat for the purpose, accused Abdul Sattar-appellant, Manirul @ Mannu and Bojju overpowered her from behind, taken to the house of the appellant Sattar after pressing her mouth and putting her in fear of dragger. It is further said in the written report that from the house of this appellant, Manirul and Bojju came out appellant bolted the door from in side and committed rape thrice at the point of dragger in the night. After concluding the trial, conviction and sentence for the offence under Section 376 of the I.P.C. is awarded validity of which has been questioned through filing of this appeal.