JUDGMENT

Ajit Borthakur, J. - Heard Mr. S. Islam, learned Amicus Curiae appearing for the appellant and Mr. D. Das, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1. None appeared for the respondent No. 2/informant, although the notice was duly served.

2. This jail appeal is filed against the Judgment & Order, dated 19.12.2017, passed by the learned Sessions Judge, Darrang, Mangaldai in Session Case No. 54(DM) of 2013, whereby the appellant is convicted and sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs. 5000/-, in default to undergo further simple imprisonment for 3 months under Section 376 of the IPC.

3. The prosecution case, precisely, is that an FIR was lodged by the father of the victim girl, with the Officer-in-charge of Mangaldai P.S., on 02.07.2012, alleging, inter-alia, that on 29.06.2012, he along with his minor victim girl, aged about 13 years, went to his brother-inlaw''s house to take stock of the health condition of the daughter of his brother, who was suffering from some serious illness. He along with his brother-in-law had taken his brother-inlaw''s daughter for medical treatment in Guwahati leaving