JUDGMENT :

This appeal is preferred against the Judgment of Conviction and order of sentence dated 21.12.2004 passed by the learned 3rd Additional Sessions Judge, (Fast Track Court), Jamtara, in Sessions Case No.189 of 1995 / 57 of 2003, arising out of Kundahit (Bagdehari) P.S. Case No. 04 of 1995, corresponding to G.R. Case No. 40 of 1995 whereby and where under the sole appellant has been convicted for the offence punishable under Sections 448 & 376 of IPC and sentenced to undergo R.I. for seven years as well as fine of Rs.1,000/-(Rupees one thousand) for the offence punishable under Section 376 of IPC and in case of default of payment of fine, the appellant was further directed to undergo simple imprisonment for six months and no separate sentence was awarded for the offence punishable under Section 448 of IPC.

2. The prosecution case arose in the wake of fardbayan of the informant (hereinafter referred as ‘victim’), daughter of late Mahabir Pal of village Bhalko, P.S. Kundahit (Bagdehari), District Jamtara recorded by S.I. Manju Pandey, Officer In-Charge of Bagdehri P.S. on 21.01.1995 at 19/30 hours. Briefly stating the allegations as presented by the victim in her fardbayan as u