A. M. BADAR, J.:–By this appeal, appellant/convicted accused Barun Kumar Mandal @ Biro Mandal @ Barun Mandal is challenging the judgment and order dated 25.04.2013 and 08.05.2013 respectively, passed by the learned Additional Sessions Judge, IV, Naugachia, in Sessions Trial No.919 of 2010, thereby convicting him of the offence punishable under Section 366A of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years apart from imposition of fine of Rs.5,000/- (Five thousand) and in default to undergo rigorous imprisonment for three months. For the sake of convenience, the appellant shall be referred to in his original capacity as an accused.

2. Though this appeal pertains to the jurisdiction of the learned Single Judge, in view of order dated 29.05.2013 passed by the learned Single Judge issuing notice to the appellant to show cause as to why he should not be convicted for the offence punishable under Section 376 of the Indian Penal Code and why he should not be sentenced accordingly, the appeal came to be placed before us for consideration.

3. Facts in brief leading to the prosecution of the accused, projected from the police report, can be summarized t