By means of this petition filed under Section 397 read with Section 401 of the Cr.P.C the judgment dated 04.12.2012 delivered in Criminal Appeal No.2(1) of 2011 by the Sessions Judge, South Tripura, Udaipur, as he then was, has been challenged. By the said judgment dated 04.12.2012, the Sessions Judge has affirmed the judgment dated 20.12.2010 delivered in S.T. 39 (ST/U) of 2009 (Annexure-P1 to this petition) by the Assistant Sessions Judge, South Tripura District, Udaipur [now Gomati Judicial District] convicting the petitioner under Section 376(1) of the IPC and sentence him to suffer R.I. for 2(two) years.

2. Prosecution against the petitioner commenced when one Haradhan Datta (P.W-8) lodged a written complaint to the Officer-in-Charge, R.K. Pur Police Station (Exbt.P-1) disclosing that 6(six) months before the petitioner had allured his minor daughter (the name is withheld for protecting the identity of the victim) on saying that he would marry her. On such promise, the petitioner continued to have the physical relation regularly. As a consequence of this said physical relation, the victim (P.W-9) became pregnant at the age of 16 years. On the day of lodging th