(1.) The challenge in this appeal is to the judgement of conviction dated 21.12.2009 and order of sentence dated 22.12.2009 passed by the Additional Sessions Judge, Fast Track Court No. Ill at Howrah in Sessions Trial No. 86 of 2008, thereby convicting the appellant to the charge under Section 364 of IPC and sentencing him to suffer R.1. for 7 years and to pay fine of Rs. 5000/-.
(2.) The judgment assailed on the following grounds :
(3.) Basing on the said F.I.R., Howrah police station case No. 262 of 2007 dated 25.12.2007 was registered under Section 364 of IPC against the appellant. The investigation into the case ended in a charge- sheet under Section 364 of the IPC against the appellant. The appellant pleaded not guilty to the charge framed against him by the learned Trial Court under Section 364, IPC and, accordingly, the trial commenced.