R. K. Bag, J.

This appeal is directed against the judgment and order of conviction and sentence passed by Learned Additional Sessions Judge, 4th Court, Krishnanagar, Nadia in Sessions Trial No.17(6) of 2011 arising out of Sessions Case No.23(12) of 2010, by which the appellant was sentenced to undergo imprisonment for seven years and to pay fine of Rs.10,000/- in default to suffer imprisonment for one year more for the offence under Section 376 of the Indian Penal Code.

2. The backdrop of the conviction and sentence of the appellant is as follows:

On June 18, 2010 the de facto complainant Chittaranjan Mondal filed a written complaint before the Officer-in-charge of Dhubulia Police Station disclosing the fact that the appellant had committed sexual intercourse with his minor daughter aged about 14 years without her consent for about one month. The appellant is married but his wife left him due to torture inflicted on her. However, Dhubulia Police Station Case No.213 of 2010 dated June 18, 2010 under Section 376 of the Indian Penal Code was started on the basis of the written complaint of the de facto complainant. The police investigated the criminal case and submitted charges