SANJEET KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the State.

(2.) TWO appeals i.e. Cr. Appeal no. 356 of 1998 and Cr. Appeal No. 412 of 1998 have heard together and being disposed by the common judgment as the two appeals arising out of same judgment and order dated 04. 08. 1998, passed by Shri Ramesh Kumar Rateria, Additional District & Sessions Judge, III, Patna, in Sessions Case no. 557 of 1994, by he has been convicted the appellant, Sanjeet Kumar for offence under Section 376 I.P.C. and sentenced to under rigorous imprisonment for seven years. Further convicted for offence under Section 366 I.P.C. and sentenced to undergo rigorous imprisonment for seven years. The appellant, Bodh Narain Chauhan has been convicted for offence under Section 366 I.P.C. and sentenced to undergo imprisonment for seven years. The appellant, Dinesh Kumar has been convicted for offence under Section 376 I.P.C. and sentenced to undergo imprisonment for seven years and further convicted for offence under Section 366 I.P.C. and sentenced to undergo imprisonment for seven years.

(3.) HOWEVER, learned counsel appearing on behalf of Sanjeet Kumar contends that occurrence is of the year 1992 and twenty years has already been elapsed and appellant Sajeet Kumar and remained in jail for about six years from 28. 12. 1992 to 16. 12. 1998. Whereas learned counsel for the State submits that date of conviction recorded in the order sheet dated 02. 02. 1993 till his release by Honble High Court on 16. 12. 1998. Bodh Narain Chauhan also remain in jail, though, convicted under Section 366 I.P.C. only.