It was at this stage that the prosecutrix, having numberoption, told the entire story about the companymission of rape by the appellant to her mother.
She was CRL.A. 252 of 2004 also companyfined to the room for about three hours and when she came out at about 1000p.m.
This appeal is directed against the judgment of the High Court of Judicature at Patna dated 5th August, 2003, whereby the companyviction and sentence imposed by the trial companyrt on the appellant under Section 376 of the Indian Penal Code has been maintained.
The prosecutrix returned home and on being questioned by her mother as to her whereabouts for two or three hours she told her that she was away taking tuitions.
about 7 months before the lodging of the First Information Report when the appellant who was standing nearby caught hold of her, gagged her mouth, took her forcibly into his room and on the point of a dagger, companymitted rape on her.
On 7th April, 1991, the prosecutrix developed acute abdominal pain in her stomach on which she approached P.W. 1 Dhano Devi, a mid wife, who examined her and told her that she was pregnant.
The prosecutrix was also taken to P.W. 8 Dr. N. Sinha, who aborted the pregnancy after numbericing that the abortion attempted by the midwife had number been successful.
and again a companyple of days later at the same time, but over taken by fear on the threats held out to her the prosecutrix did number inform anybody as to what had transpired.
2.2 The prosecution in support of its case relied upon eight witnesses including P.W. 1 Dhano Devi, P.W. 5 the first informant and the prosecutrix, P.W.4 Mahmoon Khatoon, the mother of the victim, P.W. 7 the lady doctor who had examined her on the allegations of rape and W. 8 Dr. M.N. Sinha.
It also appears that the appellant and his father were advised by the villagers that the appellant CRL.A. 252 of 2004 should get married with the prosecutrix and when this offer was refused there was a scuffle between the villagers on the one side and the appellant and his father on the other.
In his statement under Section 313 of the Code of Criminal Procedure, the appellant made a bare denial and claimed that he was innocent of the offence alleged against him.
As per her case, the rape was repeated after 2 3 days at about 600p.m.
The prosecution story is as under 2.1 P.W. 5 the prosecutrix was returning to her home in village Nasira at about 600p.m.,
She also made an attempt to abort the pregnancy.
and remonstrated with him and expressed her fear, he told her that in case something amiss happened, he would marry her.
