Criminal Appeal (SJ) No. 43 of 1998 ****** Against the judgment of conviction and order of sentence dated 02.02.1998 passed by Shree A. Toppo, learned Ist Additional Sessions Judge, Araria in Sessions Trial No. 542 of 1989/Tr. No. 578 of 1995. ****** 1. Suresh Singh, Son of Late Ambica Prasad Singh. 2. Jhamely Rai, Son of Late Bahadur Rai. 3. Tarachand Rai, Son of Late Sunder Rai. 4. Yogi Rai, Son of Ramesh Rai. All residents of Narpatganj, District – Araria. .... .... Appellants. Versus The State Of Bihar .... .... Respondent. ****** For the Appellants : Mrs. Rina Sinha, Amicus Curiae. For the Respondent : Mr. Sujit Kumar Singh, A.P.P. ****** P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD GOPAL PRASAD, J. Nobody appears on behalf of the appellants. Mrs. Rina Sinha, Advocate, is appointed as amicus curiae to assist this Court. 2. Heard learned amicus curiae and learned counsel for the State. 3. The appellants have been convicted for the offence under Sections 376/511, 147, 323 and 452 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years, one year, six months and four months respectively. However, it has been ordered 2 that all the sentences shall run concurrently. 4. The learned amicus curiae submitted that the victim has stated that when the accused was about to commit rape the police arrived and rape could not be committed. 5. The occurrence is of the year 1986 and the accused persons have remained in jail during investigation and further remained in jail after conviction till release on bail by this High Court and hence lenient view may be taken. Hence, having regard to the fact and circumstance since the occurrence is of the year 1986 and the appellant suffered due to protracted litigation and remained in jail during investigation and further after conviction, hence the interest of justice shall meet by sentencing the appellants for the period already undergone and hence the appeal is dismissed with modification in sentence. 6. Mrs. Rina Sinha, shall be supplied a copy of this judgment and she shall be entitled for the fee of hearing payable by High Court Legal Services Committee, Patna. (Gopal Prasad, J.) Patna High Court, Patna. Dated, 18th August, 2011. N.A.F.R./Kundan.