ATENDRA THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred by the appellant, Atendra Kumar, against the judgment of conviction dtd. 16/4/2014 and the order of sentence dtd. 23/4/2014 passed by the Court of Ad hoc Additional District and Sessions Judge-I, Patna, in Sessions Trial No. 638/2012 arising out of Parsa Bazar P.S. Case No. 39 of 2012, G.R. No. 1708 of 2012, whereby and whereunder the appellant has been convicted for the offence under Sec. 376 read with Sec. 511 of the Indian Penal Code (in short, 'IPC'), and he has been sentenced to undergo rigorous imprisonment for five years with a fine of Rs.10,000.00 (Rupees Ten Thousand), and in default of payment of fine, he has further been directed to undergo simple imprisonment for one year.

(2.) The prosecution story, in brief, is as under :-

(3.) After completion of the investigation, the police charge-sheeted the appellant for the same offence under which the FIR had been registered, and thereafter, the concerned Magistrate took cognizance of the said offence and committed the case of the appellant to the Court of Sessions for trial vide order dtd. 6/6/2012.