JUDGMENT

Bibek Chaudhuri, J. - This is an appeal filed by the convict/appellant against the judgment and order of conviction dated 26th November, 2015 and sentence dated 27th November, 2015 passed by the Additional District and Sessions Judge, 2nd Court at Contai at Purba Medinipur in Sessions Trial No.6(8) of 2012 arising out of Sessions Case No.223(8) of 2012 whereby the appellant was sentenced to suffer rigorous imprisonment for three years and also to pay fine of Rs.4000/-, in default, to suffer simple imprisonment for six months.

2. Patashpur P.S Case No.90/2009 dated 5th September, 2009 under Sections 376/511 of the Indian Penal Code was initiated on the basis of a written complaint submitted by one Manoranjan Dalui alleging, inter alia, that on 4th September, 2009 at about 6 pm, taking opportunity of the absence of the informant and his wife, the appellant tried to commit rape upon her deaf and dumb daughter by tearing her wearing apparels. They came to know about the incident after returning home from outside.

3. Police took up the case for investigation and on completion of investigation filed charge sheet against the appellant under Sections 376/511 of the Code of Criminal