MANOJ KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.P.P. appearing for the State.

(2.) The present appeal has been filed against the Judgement of Conviction dtd. 11/4/2017 and Order of Sentence dtd. 13/4/2017 passed by learned Additional District & Sessions Judge-I, Kishanganj, in Sessions Trial Case No. 268/ 2008, arising out of Kishanganj PS case No. 274/ 2007, whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 376 of the Indian Penal Code (hereinafter referred as 'IPC') and sentenced him to undergo rigorous imprisonment for 10 years with a fine of Rs.20,000.00 and in default of payment of fine to undergo additional rigorous imprisonment of one year. It has been further directed that the 50% of fine so realized be paid to the victim.

(3.) The appellant, namely, Manoj Kumar Das, stood charged for the offence punishable under Sec. 376 of IPC. In every criminal case the F.I.R. is deemed to be very crucial and particularly when it was lodged by the victim herself then it can be deemed to be the basis of prosecution's case. The most important facts appearing from the prosecution's allegation in the light of prosecution's story revealed by the victim in the F.I.R. are that:-