Anima Hazarika, J.

1. Aggrieved by the judgment and order of conviction dated 27.2.98 passed by the learned Assistant Sessions Judge, Darrang at Mangaldoi in Sessions Case No. 4 (D.N. 1) of 1997, the accused-Appellant Shri Ikbal Hussain Saharia @ Iqbal Rahman has filed this appeal under Section 374(2) of the Code of Criminal Procedure ("CrPC" for short). By the impugned judgment and order of conviction, the accused-Appellant has been convicted under Sections 366 / 376 / 34 of the Indian Penal Code ('IPC for short) and sentenced to rigorous imprisonment ('RI' for short) for 5 (five) years and to pay a fine of Rs. 5,000/- in default further RI for 3 months under Section 366 read with Section 34 of the IPC and RI for 10 years and to pay a fine of Rs. 5,000/- with a defaulting clause of RI for 3 months under Section 376 read with Section 34 of the IPC. It is ordered by the impugned judgment that both the sentences of imprisonment would run concurrently.

2. The prosecution case as unfolded in the Ejahar (FIR) dated 3.3.93 (Ext. 1) is that on 7.2.93 when the informant's minor daughter, aged about 14 years, (to be referred to hereinafter as 'victim girl'), went for marketing, the th