JUDGMENT

Sujit Narayan Prasad, J. - The instant appeal is against the judgment and order dated 01.12.2008 and 05.12.2008 passed by the Additional Sessions Judge, FTC-VII, Giridih in Sessions Trial No.152/2008 (T.R.No.49/2008), corresponding to Gawan P.S. Case No.1/2008 registered for the offence under Sections 376(2)(g)/323/34 of Indian Penal Code, whereby and whereunder, the appellants have been convicted for the offence under Sections 457 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years for commission of offence under Section 457 of Indian Penal Code and one year for commission of offence under Section 323 of Indian Penal Code which shall run concurrently.

2. The prosecution story in brief as per the FIR registered on 05.01.2008 is that in the night on 04.01.2008, Sunita Kumari informant, while sitting in her house along with her mother, father, sister and brother at about 11:30 p.m., some sound has been given by a man for opening the door and started beating the door for opening, when the door was not opened, they have broken the door. At that time, there was light from lantern, on this light, three persons have been seen, upon which,