Criminal Appeal (SJ) No. 209 OF 1996 Against the judgment and order dated 30.08.1996 passed by Sri Birendra Singh, 2nd Additional Sessions Judge, Barh in S.Tr. No. 940/95. ************ Ghopal alias Rabindra Mahto, S/o Dwarika Mahto, resident of Village-Belchhi, P.S.-Belchhi, District-Patna. ……(Appellant) Versus THE STATE OF BIHAR-------(Opposite Party) ************* For the Appellant : Mr. Ganesh Prasad Singh, Adv. For the State : Mr. C. Jawahar, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under Section 376 IPC and sentenced to RI for seven years by the 2nd Additional Sessions Judge, Barh in S.Tr. No. 940/95 by a judgment dated 30.08.1996. 2. The case of the prosecution according to P.W. 1, the prosecutrix is that on the night of 7/8.05.1995 suddenly the appellant entered into her hut and threatened her and thereafter threw her on the cot and committed rape upon her. When she protested and cried out her father came there flashing the torch and identified the appellant and also tried to catch him but he ran away waiving the pistol. The next day this case was instituted. 2 3. During trial the prosecution in all examined four witnesses out of whom P.W. 1 is the victim whereas P.W. 2 is her father. P.W. 3 is the Doctor who examined the victim lady whereas P.W. 4 is a formal witness who has proved the First Information Report and such documents in the case diary. 4. During trial P.W. 1 has specifically stated the manner in which the appellant had entered into her hut and threw her down on the cot and committed rape upon her. She corroborated the fact that she raised a cry at which her father P.W. 2 came there but the appellant ran away. She confirmed the fact that the appellant was well identified since he was known to her. P.W. 2 who is the father of the prosecutrix also stated that he reached the place of occurrence on the cry of his daughter and in the flash of a torch he identified the appellant running away from the house and when he attempted to catch him he threatened him. The daughter narrated to him the fact that the appellant has raped her. P.W. 3, the Doctor has stated that she did not find any sign of rape on her body and it was found that the victim was accustomed to sexual intercourse. There is no dispute that the victim is a married lady and, therefore, the Doctor having found her used to sexual intercourse is well explained. 3 5. Under the circumstances, I am not inclined to interfere with the conviction of the appellant. However, since sixteen years have elapsed since the date of occurrence the sentence is modified to a period of four years. 6. With the aforesaid modification in sentence, the appeal is dismissed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 27th June, 2011. NAFR/Vikash/-