C.R. Sarma, J.

This appeal is directed against the judgment and order, dated 26.11.2007, passed by the learned Additional Sessions Judge (FTC), No. 4 Kamrup, Guwahati, in Sessions Case No. 147/2007. By the impugned judgment and order, the learned Addl. Sessions Judge, FTC No. 4, Kamrup convicted the appellant for the offence under Section 304 IPC and sentenced him to suffer rigorous imprisonment for 2 years and pay fine of Rs. 1,000/- in default suffer rigorous imprisonment for 3 months for the offence under Section 304 IPC. It has also been ordered that the period of detention, already undergone by the appellant, shall be treated as set off under Section 428 Cr.P.C.

2. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

3. The prosecution case, in brief, is that on 29.1.2014 at about 6.00 p.m. when the victim girl, who was aged about 12 years visited the residence of the appellant, who was a retired teacher, for taking tuition and the appellant, taking the opportunity of absence of other persons, touched her private part and laid her on the bed with an intention to commit rape on her. However, the victim girl coul