Girish Chandra Gupta, J.

1. This appeal is directed against a judgement and order dated 22nd December, 2009 passed by the learned Additional Sessions Judge, Fast Track 3rd Court, Malda in Sessions Case No. 50 of 2005 corresponding to G.R Case No. 1922 of 2003 arising out of Gazole P.S. Case No. 182 of 2003 dated 13th December, 2003 by which the learned Trial Court acquitted the sole accused of the charge under Section 376 of the Indian Penal Code. The prosecutrix has come up in appeal.

2. The facts and circumstances of the case appearing from the written complaint, lodged by the prosecutrix on 13th December 2003, when translated in English would read as follows:-

(a) “Sir,

I (name withheld by us), daughter of Maqbul Hossain, a permanent resident of the aforesaid address indicated above, most humbly submit that am a student of the Malda College and I am in the 2nd year of the Bengali Honours. In connection with my studies I have to stay in the Malda town at a tenanted house. I was acquainted with Asadul Islam, son of Bafatulla Mian, a resident of our neighbouring village. He used to come to our house in connection with various matters. We fell in love and used to keep connect