(1.) This appeal arose out of judgment and order of conviction dated 05.05.2012 passed by learned Special Judge, 1st Court. Paschim Medinipur in Special Trial No. 2 of 2005 sentencing the appellant to suffer rigorous imprisonment for seven years and to pay fine of Rs.5.000/- in default to suffer further rigorous imprisonment for one year for commission of offence punishable under Sections 409 of the Indian Penal Code.
(2.) In the background of this appeal, the fact in a nutshell is as follows:-
(3.) The case was committed to the Court of Sessions by the learned CJM, Purba Medinipur. The Trial Court framed charge on hearing of both sides against the accused person under Section 409 of the Indian Penal Code. The contents of the charge were read over and explained to the accused person who pleaded guilty and claimed to be tried.