JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. Heard Mr. Anurag Kashyap, learned counsel appearing for the appellant as well as Mr. Fahad Allam, learned Addl. P.P. appearing for the State.

2. This appeal is directed against the judgment and order of conviction and sentence dated 14.08.2006 passed by learned Additional District and Sessions Judge, Fast Track Court No.IX in S.T. Case No.366 of 2001 whereby and whereunder the appellant was sentenced to undergo S.I. for three years and to pay fine of Rs.2000/- with default stipulation for the offences punishable under Section 366 A/34 of the INDIAN PENAL CODE .

3. The prosecution case is based on written report of Hiraman Prasad (informant) stating inter alia that on 31.05.2001 at around 10:00 PM, his minor daughter, Kiran Kumari, went to the roof of the house after dinner. The informant suspected that his tenant, Uma Das (appellant), was trying to make arrangement for the talk in between his daughter and another tenant, Chitranjan Ojha, despite his earlier objections. After an hour, he found that his daughter along with Uma Das, Charan Das and Chitranjan Ojha, were missing from the roof and the back door of his house was opened. He suspected