Criminal Appeal (SJ) No. 212 OF 1995 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ Raj Kumar Singh, S/o Balram Singh, R/o Village-Bkona, P.S.-Mansahi, District-Katihar. ……(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. Bijoy Kumar Sinha, Adv. For the State : Mr. Suresh Chandra Mishra, 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 five years by a judgment dated 26.08.1995 passed by the Sessions Judge, Katihar in S.Tr. No. 3 of 1995. 2. The prosecution case is that on 16.05.1993 the appellant entered the house of the informant, P.W. 3 and committed rape upon her. 3. The prosecution in all examined eight witnesses out of whom P.W. 1 is hearsay whereas P.W. 2 has been declared hostile. P.W. 3 is the prosecutrix and informant. P.W. 5 and P.W. 6 are the daughters of the informant. P.W. 7 is the neighbour of the informant. P.W. 8 is the Investigating Officer and P.W. 4 is the Doctor who examined the prosecutrix. 4. It appears that the prosecutrix was aged about 35 years on the date of occurrence whereas the appellant was about forty years of age. It also appears that the two corroborative eye-witnesses i.e. P.W. 5 and P.W. 6 are the daughters of the prosectrix. P.W. 5, P.W. 6 and P.W. 7 are 2 witnesses who were informed by the prosectrix about present occurrence. P.W. 4, the Doctor did not find any mark of physical violence on the person of the victim and admittedly she was habituated of sexual intercourse. 5. From the evidence of P.W. 3, however, I find that there is no reason to disbelieve her version of the occurrence and the hearsay witnesses have fully corroborated the factum of occurrence. In view of such, I am not inclined to interfere with the conviction of the appellant. In the result the appeal is dismissed but the sentence is modified to a period already undergone by him during trial. 6. The appeal is dismissed with the modification as aforesaid. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 25th April, 2011. NAFR/Vikash/-