(1.) The appellant was acquitted from the charge leveled against him under Sections 376/494 of the Indian Penal Code (for short, IPC) and convicted under Sections 366 A of the IPC and sentenced to suffer R.I. for 2(two) years and also to pay fine of Rs.2,000/-, in default of payment of fine, he should also suffer S.I. for two months, vide judgment and order dated 21-12-2005 passed in S.T. 72(ST/U) 2004. Being aggrieved by the said judgment, the appellant preferred the instant appeal for setting aside the order of conviction and sentence under Section 366 A of IPC.
(2.) Heard Ms. S. Deb(Guta), learned counsel appearing for the accusedappellant as well as Mr. P. Bhattacharjee, learned Addl. Public Prosecutor appearing for the State-respondent.
(3.) The case of the prosecution is as follows :-