MD KHALIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the State.

(2.) THE appellant has been convicted for the offence under Section 376 of the Indian Penal Code for allegedly committing rape on the person of Bibi Nabisa and has been sentenced to undergo rigorous imprisonment for seven years.

(3.) ON considering the oral and documentary evidence and taking into consideration and the submissions made by the parties the learned trial Court convicted the appellant, as stated above against which the appeal has been filed. 7. The learned counsel for the appellant, however, contended that there is delay in lodging the first information report and the father-in-law and mother-in-law of the victim have not come to support the prosecution case. The doctor has not found any sign of rape and has asserted that the appellant has falsely been implicated and P.W. 3 has stated that the victim has illicit relation with P.Ws. 5 and 6 and since the appellant used to protest the illicit relation of the victim with P.Ws. 5 and 6 has caused the false implication of the appellant and, further, the investigating officer has not seized the lota and the clothes with which the victim had been at the time of off to meet the call of nature and, hence, the prosecution has failed to prove the charge and the charges were false and frivolous.