1. This criminal appeal, under S.374 of Cr. P.C. is directed against the judgment and order of conviction and sentence, dated 11-2-2005, passed by learned Sessions Judge, South Tripura, Udaipur, in Case No. ST. 55(ST / S) of 2004.
The learned Sessions Judge found the accused appellant guilty of committing offence, punishable under S.420 of IPC and sentence him to suffer RI for 4 (four) years and to pay a fine of Rs. 10,000/- (Rupees ten thousand), in default of payment to suffer further imprisonment for 5 (five) months.
Being aggrieved and dissatisfied with the judgment & order of conviction and sentence the convict - appellant preferred the appeal before this Court.

2. Heard learned amicus curiae, Mr. R. Debnath, for the appellant and learned Special Public Prosecutor, Mr. R. C. Debnath, for the State - respondent.

3. Prosecution case, in short, is that the accused appellant, Manik Das Baishnav and the victim, Smt. Basanti Das, were residents of village Dolbari under P. S. Sabroom, District - South Tripura. The accused, Manik, being friend of Rabindra Das, elder brother of Basanti, used to frequently visit her house, as a neighbour and with the promise of marring her, the accused