Indrajit Chatterjee, J.

1. This appeal has been preferred by the convict-appellant from jail assailing the judgment and order of conviction as passed by the learned Additional Sessions Judge, 1st Fast Track Court, Birbhum at Suri, in Sessions Case No.184 of 2011 (Sessions Trial No. 1/January, 2012) which arose from Dubrajpur P.S. Case No.116 of 2011 dated 26-09-2011 (G.R. Case No.205 of 2011).

2. The learned Trial Court on perusal and considering the oral and documentary evidence relied upon by the prosecution found the accused guilty in respect of the charge punishable under Section 376 of the Indian Penal Code (hereinafter called as the said Code). However, the convict was acquitted in respect of the charge punishable under Section 417 of the said Code. The learned Trial Court while passing the sentence clamped rigorous imprisonment for seven years and also directed to pay fine of Rs.10,000/- i.d. to suffer rigorous imprisonment for six months in respect of the offence as I have already stated. The convict was allowed to get set off under Section 428 of the Code of Criminal Procedure, 1973.

3. The fact as I get from the First Information Report lodged by the father is the