JUDGMENT :

(Bibek Chaudhuri, J.)

1. In the instant appeal under Section 373(2) of the Code of Criminal Procedure (hereinafter described as the Code), the convict/appellant has assailed the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Khatra in Sessions trial No. 3 (10) of 2014 corresponding to Sessions Case No. 10(7) of 2013 thereby convicting and sentencing him to suffer rigorous imprisonment for three years and also to pay fine of Rs. 1,000/-with default clause for committing offence under Section 354 of the Indian Penal Code.

2. At the outset it is pertinent to note that though the trial Court framed charge against the appellant under Section 376/511 of the Indian Penal Code, the learned trial Judge on appreciation of evidence , both oral and documentary found that the prosecution failed to bring home the charge under Section 376/511 of IPC against the accused. However, there is sufficient material to hold that the accused committed offence under Section 354 of the Indian Penal Code and accordingly the learned Court below convicted and sentenced the accused to suffer imprisonment for three years under the provisions of Section 222