JUDGMENT :

NAVNEET KUMAR, J.

This appeal is directed Against the judgment of conviction and order of sentence dated 2^nd May 2006, passed by learned Additional Sessions Judge-I-cum-Special Judge (SC/ST Act), Sahibganj, in Special Case No.56 of 2003/S.C. No.116 of 2002 arising out of Borio (J) P.S. Case No. 104/2001, Sahibganj, whereby and whereunder the learned Trial Court while acquitting the accused/appellant from the charges under Section 366-A and 368 of IPC and Section 3(xi), (xii) & (xv) of the SC/ST (Prevention of Atrocities Act, convicted the appellant under Section 363 of IPC and sentenced him to undergo R.I. for five years with fine of Rs.5,000/- and in default of payment of fine, further directed to him R.I. for two and half months.

2. The prosecution story is based on the written statement made by PW-4 Lakshmi Baski on 21.6.2001 addressing to the Sahibganj police. The informant-PW-4 stated therein that her daughter left home for the college on 23.5.2001 but she did not return home. The informant with a view to trace her out, approached her relatives and friends but she could not get any clue. It has further been stated in the said written statement (Ext.-1) that one Birendr