Criminal Appeal (SJ) No.418 of 1998 **** Against the judgement, dated 19th November, 1998, passed by Sri Bindeshwari Prasad Yadav, Additional Sessions Judge, III, Banka, in S. Tr. No. 81 of 1995 arising out of G.R. Case No. 961 of 1993) **** Modi Marik, son of late Santoki Marik, resident of village Domuhan, P.S. Banka, district Banka .. Appellant Versus The State of Bihar .. Respondent **** For the Appellant .. Mr. Sunil Prasad, Adv. For the Respondent .. Mr. Sujit Kr. Singh, APP **** P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard learned counsel for the appellant and the State. 2. The appellant has been convicted under Section 354 of the Penal Code and sentenced to undergo rigorous imprisonment for one year with a fine of Rs.5,000/- in default of which he has, further, been convicted to undergo rigorous imprisonment for six months. 3. The prosecution case, as alleged in the fardbeyan by the victim that she was raped by putting the part of the saree in her mouth. However, the charge sheet submitted under Section 376 of the Penal Code and charge also framed under Section 376 of the Penal Code, but, during trial the victim, herself, in her evidence stated that the accused 2 hold of her hand and then she though that she was molested or raped and, hence, as charge under Section 376 of the Penal Code has not been proved so the appellant has been convicted under Section 354 of the Penal Code. 4. The learned counsel for the appellant contended that the appellant remained in jail for about one month, hence, having regard to the facts and circumstances that the occurrence took place in the year 1993, hence, the end of justice shall meet by sentencing the appellant for the period already undergone. 5. With this modification of sentence, this appeal is dismissed. ( Gopal Prasad, J. ) The Patna High Court The 26th day of September, 2011, N.A.F.R., S.A.