JUDGMENT :

SUNIL KUMAR PANWAR, J.

Heard Ms. Sarandha Suman, learned amicus curiae appearing for the appellant as well as Mr. Z. Hoda, learned Additional Public Prosecutor for the State.

2. This appeal has been preferred by the appellant challenging the judgment of conviction dated 19th day of May, 2006 and order of sentence dated 20th day of May, 2006 passed by learned Additional Sessions Judge FTC No. IV Gaya in Sessions Trial No. 52/2005 and 190/1999 arising out of Sherghaty P.S. Case No. 141 of 1991, whereby and whereunder appellant has been convicted for the offence punishable under Section 366A of the Indian Penal Code. He is sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/-and in case of default of payment of fine amount, further to undergo Rigorous Imprisonment for six months.

3. Informant Md. Jahiruddin, father of the victim girl, gave a complaint petition in the court of learned CJM, Gaya, and the matter was sent to police station u/s 156(3) Cr.P.C. and the same was registered as Sherghati P.S. Case No. 141 of 1991.

4. As per complaint petition, victim girl who is daughter of the complainant was 14 years at the time of occurrence. Recapit