JUDGMENT

Sujit Narayan Prasad, J. - It has been informed to this Court that M/S Bhaiya Sumeet Sahay and Smita Gaurav are no more in practice before this Court and therefore this Court has requested Mr. Bibhas Sinha to assist the Court and accordingly he has been appointed as amicus curiae. The paper book has been furnished to him to go through it for proper assistance to the Court.

Mr. Bibhas Sinha after going through the paper book has argued the matter on merits.

2. The instant appeal is against the judgment of conviction dated 30.04.2010 and order of sentence dated 05.05.2010 passed by the Additional Sessions Judge, FTC-VII, Giridih Gawan P.S. Case No.0001 of 2008 dated 05.01.2008, corresponding to Sessions Trial No.364 of 2008 (T.R. No.267 of 2008), registered for the offence under Sections 376(2)(G)/323/34 of Indian Penal Code, whereby and whereunder the sole appellant has been convicted for the offence under Sections 450, 323 and 376 (2)(g) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and a fine of Rs.3000/- for commission of offence under Section 450 of Indian Penal Code and simple imprisonment for six months for commission of offenc