Pradeep Kumar, J. - (1.) ON repeated call, nobody appears on behalf of the appellant to argue this case.
(2.) ON the request of the Court, Mr. P.C. Sinha argued this case as Amicus Curie. 2. The Instant appeal is directed against die judgment of conviction dated 06.05.2002 and order of sentence dated 08.02.2002 passed in S.T. No. 169 of 1993 by Shri P.K. Srivastava, 4 Additional Sessions Judge, Bokaro, by which judgment he found the appellant guilty under Sections 376 and 452 of the Indian Penal Code and sentenced him to undergo R.I. for five years under Section 376 of the I.P.C., and R.I. for three years under Section 452 of the I.P.C., both the sentences have been run concurrently. It is submitted by learned Counsel for the appellant that except the evidence of the victim of P.W. 1 there is no evidence in this case. Neither Doctor not Investigating Officer has been examined. The victim lady herself has also retracted from her statement and after compromise, her husband has also net supported the prosecution case. In that view of the matter the conviction of the appellant is bad in law and fit to be set aside.
(3.) ON the other hand learned Counsel for the State has supported the prosecution case and stated that the evidence of the prosecutrix P.W. 1 is sufficient to convict he appellant and he has rightly been convicted.;