(1.) The appeal arises from the order of the Revisional Court which confirmed the conviction and sentence of the accused/appellant under Sec. 366-A of the Indian Penal Code, 1860("IPC") as handed over by the Trial Court and confirmed by the Appellate Court.
(2.) Mr. Abhijit Basu, learned Senior Counsel appearing for the appellant pointed out that the conviction under Sec. 366-A is totally misconceived since none of the ingredients under the provision are attracted in the above case.
(3.) We have given anxious consideration to the evidence recorded, especially since it has been found to be proved beyond reasonable doubt that the accused has committed the offence charged. We have to immediately notice that there is absolutely no allegation of any sexual act having been committed against the victim nor even a sexual advance made. The victim also does not speak of any apprehension of a likelihood of an illicit intercourse being thrust upon her by either the appellant or any other person.