TIPU KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) The appellant has been convicted under Sec. 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 20,000/ - and in default of payment of fine to undergo simple imprisonment for three months.

(3.) The prosecution case, as alleged in the written report by the informant Afsana Khatoon (P.W.3), is that on 03.01.2014 at about 7:30 A.M. she after taking her food went to sleep on the cot inside the house and her father had gone to attend Namaj in the mosque. Finding her alone, the appellant, son of Kayum entered into her house and started quarreling with her. When she protested, he untied the rope of her Salwar and threw her on the cot and committed rape upon her. After the incident, when she raised hulla, her neighbour came and caught the appellant and the villager gave the information to the police and he was brought at the police station. She also came at the police station and gave her written report.