( 1 ) THE appeal arises out of conviction and sentence passed by the learned Sessions Judge, 5th Bench, City Sessions Court, Calcutta in S. C. Case No. 11 of 1994 being S. T. Case No. 2 of May, 1994 whereby the learned Judge sentenced the accused appellant to R. I. for seven years and fine of Rs. 5000/- in default to suffer further R. I. for one year on a charge of under section 376 IPC.

( 2 ) THE case of the complaint is appearing from the statement recorded at Jorasanko P. S. on 6. 12. 89 made by Kalpana Choudhury, alleged to be the victim girl who gave her age as 14 years. As per statement she was a resident of a village in District Murshidabad. She used to work for about two years in the house of accused appellant Anath Bandhu Kundu at 69, Tarak Pramanik Road. Calcutta as a maid. The accused, who was engaged in jewellery business as Bombay, also possessed a flat there. In the month of July of the year when she made the statement, namely, in 1989 she accompanied the accused to the Bombay fiat. Since he have no other servant or any member of the family staying there. About three/four months prior to the Durga Puja, probably in the month of July, she reached