pretext they will reach Godiyahi immediately, it is alleged in the way of Godiyahi she was raped after taking out her cloths and Sitaram tried to kill by strangulation and on her cry one person came with torch. However, the victim is the informant and has been adduced as P.W. 3 has proved her signature on the Fardbeyan. However, in her evidence the victim stated that about four months back Sitaram asked to follow him to go Shyam Nagar. They came to Shyam Nagar to Madhepura. She was standing at the bus stand, then two unknown persons came and met Sitaram thereafter, Sitaram took her to railway track. She has further stated Sitaram did nothing and has stated that two unknown persons had done the occurrence. She has stated that she made cry then people came at that time she was naked. However, this witness has not supported the prosecution case in the Fardbeyan or F.I.R. but has not been declared hostile by the prosecution and neither attention was drawn with regard to her statement in the First Information Report or with regard to statement recorded under Section 164 of Cr.P.C. However, during her evidence in the court, she has not supported the prosecution case regarding rape by her father Sitaram, the appellant. She in her cross-examination has specifically stated that at Madhepura two unknown persons met and they stated her father that they will go to Bharrahi and her father also stated they will also go to Bharrahi. She has stated that both persons mixed with