( 1 ) THIS appeal by the convict is against the judgment and order of conviction dated 12. 6. 97 and the sentence dated 13. 6. 97 passed by the learned assistant Sessions Judge, Jalpaiguri in Sessions Case No. 92/96 arising out of kotwali P. S. , Jalpaiguri case number 425 of 1994 under section 376 of IPC (G. R. Case No. 1503 of 94 ). By the said judgement the learned Assistant Sessions judge found the accused Nripen Das guilty under section 376 of the IPC and convicted him thereunder and sentenced him to suffer R. I. for 10 years and also to pay a fine of Rs. 5,000/- i. d. to suffer further R. I. for one year. Direction was also given that the fine amount, if realised, shall be paid to the victim kalpana Biswas as compensation. It is also directed that the period of detention of the convict in course of the trial is to be set off under section 428 of the Code of Criminal Procedure.

( 2 ) PROSECUTION case in brief is that Kalpana Biswas became blind at the age of seven being attacked by Typhoid and she used to reside in her house with her mother and sister while her father was not heard of for a long period. She used to go out for begging with the aid of her sister A