Heard learned counsel for the appellant, Mr. Prabir Chatterjee, Advocate and learned counsel for the State, Mr. Mukesh Kumar, learned Additional Public Prosecutor.

2. The instant Criminal Appeal has been preferred against judgment of conviction dated 15.12.2003 and order of sentence dated 16.12.2003, passed by learned Additional Sessions Judge-XI, Dhanbad, in Sessions Trial No. 546 of 2002, whereby the appellant has been convicted for offence punishable under Section 395 of the Indian Penal Code and awarded rigorous imprisonment for three years and also directed to pay a fine of Rs. 200/- and in default of payment of fine, he shall further undergo simple imprisonment for two months.

Being aggrieved by the said impugned judgment of conviction and order of sentence, the appellant has preferred the present Criminal Appeal no. 183 of 2004, on 29.01.2004, which was admitted on 05.03.2004 and the provisional bail granted by the Trial Court vide order dated 16.12.2003 has been confirmed. Since then, the criminal appeal is pending before this Hon’ble Court.

3. The prosecution case is based upon the fardbeyan of the informant, Pradeep Kumar, who is Superintending Engineer in captive