(1.) The appellant has been convicted under Section 376 I.P.C. and sentenced to R.I. for ten years by a judgment dated 10/11.4.2002 passed by the 2 nd Additional Sessions Judge, Jehanabad in Sessions Trial No.14 of 2001/69 of 1997.
(2.) The case of the Informant is that she used to take water from the house of the appellant because she did not have water supply in her house. One year ago the appellant allegedly attempted to outrage her modesty, upon which she protested and made a complaint to her parents. The appellant apologized when he was confronted by her patents. However, he continued with this habit and told the victim that he had fallen in love with her and wanted to perform Nikah with her. He expressed his desire to have physical relationship with her but she did not agree and instead asked him to perform Nikah. The appellant then asked the victim to send her parents for talking with his parents and then on his assurance she consented to have physical relationship with him. When she narrated this fact to the Informant they informed the family members of the appellant, who supported the act of the appellant. Thereafter the appellant started visiting the house of the Informant and appellant and the victim started living as husband and wife. When she became pregnant, the Informant asked him to perform the Nikah but he did not do so and instead picked up a quarrel with them.
(3.) During trial the prosecution examined eight witnesses in all. Out of whom, P.W.5 Dr. Manoj Sahay has proved the medical reports, whereas P.W.7 is the Investigating Officer and P.W.8 Kaushal Kumar is a formal witness. P.W.1 Md. Gaffar is on the point of panchayati held between the parties, whereas P.W.2 Md. Serajuddin is also on the same point. P.W.3 Sahani Khatoon is the prosecutrix, whereas P.W.4 is her mother and P.W.6 Md. Nasim is his father.