BIBHUTI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri Arun Kumar Tripathi, learned counsel appearing for the appellant as amicus curiae as well as learned Additional Public Prosecutor for the State and perused the record.

(2.) THIS criminal appeal has been preferred against the judgment of conviction and sentence order dated 14.08.2001 passed by 2nd Additional Sessions Judge, Purnia in Sessions Trial No. 460 of 1999/Trial No. 80 of 1999 by which and whereunder he convicted the appellant for the offence punishable under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years and fine of rupees one thousand and furthermore, in default of payment of fine, the appellant was further sentenced to undergo simple imprisonment for one month.

(3.) ON the basis of aforesaid Ferdbeyan, Kasba P.S. Case No. 201 of 1998 under Section 376 of the Indian Penal Code was registered and accordingly, formal first information report (Exhibit-3) was drawn against the appellant. The matter was investigated by the police and after completion of investigation, police submitted charge sheet for the offence punishable under Section 376 of the Indian Penal Code against the appellant. The cognizance of the offence was taken and the case was committed to the court of Sessions, in usual way.