P.K. Saikia, J.

1. This appeal is directed against the judgment and order dated 22.09.2009 passed by the learned Assistant Sessions Judge in Session Case No. 28/07 convicting one Ratan Biswas, appellant herein, of offence under Section 376 /417 IPC and sentencing him to undergo RI for seven years and a fine of Rs. 5,000/- in default to undergo RI for six months for offence under Section 376 IPC and sentencing him to undergo RI for one year and also to pay a fine of Rs. 1,000/- in default to undergo RI for a period of two months for offence under Section 417 IPC. Being aggrieved by and dissatisfied with the aforesaid judgment, Sri Ratan Biswas, hereinafter referred to as accused person has preferred this Jail Appeal citing several alleged infirmities in the judgment, so rendered by the trial court on 22.09.2009 in Sessions Case No. 28/07.

2. The brief facts necessary for disposal of the present appeal are that the accused/appellant who is one of the neighbours of the informant, Narayan Biswas habitually visited the house of the informant and sometime in the absence of the parents of the prosecutrix as well. Taking advantage of his being a neighbour of the informant and also the advantage of absence of informant in his house, the accused developed intimacy with the prosecutrix on the promise of marring her and also started having sex with her.

3. As a result of such cohabitation, the daughter of the informant who would be described hereinafter as prosecutrix became pregnant. On coming to know that his daughter was pregnant from his wife, the informant reported the matter to the villagers who advised him to approach the guardian of the accused person and to report the matter to them so that they could arrange a marriage between the accused and the prosecutrix.

4. When the father of the victim girl, sent some villagers to the house of accused person in order to mediate the problem, they refused to accept the proposal of father of the victim girl. Even when the victim girl approached them, they refused to arrange a marriage between the accused and the victim girl. In the meantime the victim girl gave birth to a female child.

5. Having found no other way out, the father of the victim girl filed an FIR against the accused with the police at Malugram Police Out Post, Silchar on 31.12.2005. On receipt of the FIR, the concerned IC forwarded the same to the OC Silchar PS for registering the case in accordance with law. On the receipt of FIR, so forwarded, the OC Silchar PS registered a case thereon and ordered for investigation.

6. In the course of investigation, the investigating officer examined the witnesses, had the victim girl examined by the doctor and did other needful and thereafter, he submitted charge-sheet under Section 376 IPC against the accused person and forwarded him to the Court to stand his trial there.

7. The Magistrate before whom charge-sheet was so laid, committed the case to the Court of Sessions since the offence under Section 376 IPC is exclusively triable by the Court of Sessions. The Sessions Judge, on the receipt of the case on commitment, transferred the case to the file of Assistant Sessions Judge, Silchar for disposal.

8. The learned Asst. Sessions Judge, on receipt of the case on transfer, heard the parties and on going through the materials on record, framed the charges under Section 376 /417 IPC against the accused person. The charges so framed, on being read over and explained to the accused person, he pleaded not guilty and claimed to be tried.

9. During the course of trial, the prosecution side has examined as many as eleven witnesses including prosecutrix, the doctor who attended the victim during investigation as well as the Investigating Officers of the case under consideration. The statement of the accused person under Section 313 CrPC was recorded. The accused plea was total denial. He however, did not adduce any evidence of his own.

10. On the conclusion of the trial, and on hearing the learned co