Criminal Appeal (SJ) No. 189 OF 1994 ******** Against the judgment and order of conviction dated 10.6.1994 passed in Sessions Case No. 18/93 by the learned 2nd Additional Sessions Judge, Katihar. ****** KAMAL YADAV @ KAMLESHWAR YADAV S/O SRI SHYAM NARAIN YADAV R/O VILLAGE BAURA, P.O. DUMARIA, P.S. DANDKHORA, DISTRICT- KATIHAR ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : 1. Rajeeva Roy. Adv. 2. Anshul Abishek Adv. For the State : Mr Choubey Jawahar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellants have been convicted under Section 354 I.P.C. and sentence to rigorous imprisonment for 2 years and a fine of Rs. 1000/- to the victim as compensation in lieu of which 2 months simple imprisonment by a judgment dated 10.6.1994 passed by 2nd Additional Sessions Judge, Katihar in Sessions Trial No. 18/1993. 2. The prosecution case was that the appellant committed rape upon the prosecutrix but during trial when the prosecutrix was examined as P.W.5, the court below came to the conclusion that at best it would be a case of 354 I.P.C. The submission of the counsels for the appellant is that out of 2 years the appellant has already examined custody about 20 months and has therefore, virtually served out the sentence awarded by the court below. 3. In view of such the appeal is dismissed but with modification in the sentence to the period already undergone. However, the fine amount is increased to Rs. 2000/- to be paid to the victim/family within 8 weeks of receipt of such a notice by the Trial Court in lieu of which 3 months rigorous imprisonment Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 31th March, 2011 NAFR/ Fahad.