Girish Chandra Gupta J. – This appeal is directed against a judgement dated 30th August, 2008 by which the learned Additional Sessions Judge, Fast Track 3rd Court, Jalpaiguri in Sessions Case No. 153 of 2004 corresponding to Sessions Trial No. 1 of 2005 arising out of Rajganj P.S Case No. 56 of 2004 dated 18th June, 2004 convicted the appellant of an offence punishable under Sections 376 and 448 of the Indian Penal Code. Rest of the accused persons were acquitted. By an order dated 1st September, 2008 the convict was sentenced to rigorous imprisonment for 8 years and was also sentenced to pay a fine of Rs. 5,000/- in default to suffer further rigorous imprisonment for a period of 2 years for the offence punishable under Section 376 of the Indian Penal Code. He was further sentenced to simple imprisonment for 6 months for the offence punishable under Section 448 of the Indian Penal Code.

2. The facts and circumstances of the case briefly stated are as follows : –

On 1st May, 2004 when the prosecutrix was alone at home and was cleaning her western room, the accused Kabul suddenly came from behind, overpowered her and raped her. In order to prevent her from shouting she was gag