Nadira Patherya, J. - (1.) THIS Appeal has been filed from the judgment and order of conviction dated 29th April, 2006 passed by the learned Additional Sessions Judge, 1st Court, Purulia in Sessions Trial No. 30 of 2005 arising out of Sessions Case No. 226 of 2005. By the said order dated 29th April, 2006 the appellant has been convicted under Section 363, I.P.C. and sentenced for 5 (five) years and under Sections 366 and 376 I.P.C. sentenced for 10 (ten) years. The sentences were to run concurrently. Being aggrieved by the said order of conviction and sentence this appeal has been filed.
(2.) THE case of the Prosecution is that on 23rd November 2004 the victim girl aged 15 years left her house for school but thereafter she did not return home till recovered by the police on 12.01.2005. When the girl continued to remain missing, an FIR was lodged on 3rd December 2004. On the basis of the FIR Balarampur Police Station Case No. 38 of 2004 dated 03 -12 -2004 was started against the appellant under Sections 363, 366 and 120B I.P.C. On completion of investigation Chargesheet under Sections 363, 366, 120B and 376 I.P.C. was submitted against the appellant. The case was committed to the Sessions Judge, Purulia and thereafter transferred to the Additional Sessions Judge, 1st Court, Purulia on 26th October, 2005. Charge was framed under Section 376 I.P.C. and under Sections 363 & 366 I.P.C. against the appellant.
(3.) THE prosecution in all examined 16 (sixteen) witnesses and the appellant was also examined under Section 313 Cr.P.C.;