BASANT DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both the appeal arises out of the common judgment of conviction dtd. 16/9/1998 and order of sentence dtd. 23/9/1998, passed by learned 1st Additional Sessions Judge, Chatra in Sessions Trial No.133 of 1997, as such they have been tagged together and taken up together for hearing and are being disposed of by this common order. Prayer:

(2.) Both the appeals have been filed under Sec. 374 (2) of the Code of Criminal Procedure against judgment of conviction dtd. 16/9/1998 and order of sentence dtd. 23/9/1998, passed by learned 1st Additional Sessions Judge, Chatra in Sessions Trial No.133 of 1997, by which the appellant, namely, Basant Das has been convicted for the offence under Sec. 366A and 376 of the Indian Penal Code and further appellant- Banshi Das has been convicted for the offence under Sec. 366A of the Indian Penal Code and as such the appellant-Banshi Das has been sentenced of RI for five years for the offence under Sec. 366A of the Indian Penal Code; and the appellant, Basant Das has been sentenced to undergo rigorous imprisonment for life under Sec. 376 of the Indian Penal Code and in view of sentence passed under Sec. 376 IPC no separate sentence was awarded against the appellant, Basant Das, under Sec. 366A IPC. Prosecution Case:

(3.) The prosecution case, as made out in the written report of the informant, is that victim (P.W.4) is the daughter of the informant Bajrang Prasad. In April, 1995, she was minor aged about 14 years. She was studying in a school at Huntergunj, Police Station Huntergunj, District Chatra.