SANJAY MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment dated 17.1.2003 of the Additional Sessions Judge, Fast Track Court No. I Araria passed in Sessions Trial No. 345/01/ Tr. No. 205/02 whereby the appellant Sanjay Mandal has been convicted under sections 341 and 376 of the Indian Penal Code and he has been sentenced to undergo R.I. for a period of ten years under Sec. 376 of the Indian Penal Code, however, no separate sentence has been passed under Section 341 of the Indian Penal Code. Each of the remaining six appellants, namely, (1) Raj Nandan Mandal, (2) Ram Nandan Mandal, (3) Bidyanand Mandal, (4) Udabhanu Mandal, (5) Kalanand Mandal and (6) Nandelal Mandal has been convicted under Sec. 323 of the Indian Penal Code and sentenced to undergo S.I. for three months.

(2.) THE prosecution was initiated on the complain no. 465/2000 filed by the complainant Bhuneshwar Mandal, the father of the victim Raj Kumari. The complaint was sent by the learned Chief Judicial Magistrate. Araria for institution of F.I.R. Accordingly, Nasratganj P.S. Case No. 61/2000 under Sections 341, 323, 376/34 was instituted and the investigation commenced. On completion of investigation chargesheet was submitted and the appellants were put on trial and on conclusion of trial they have been convicted and sen - tenced by the Trial Court as above.

(3.) AS many as eight witnesses were examined by prosecution.