Sankar Acharyya, J.

1. On 20.03.2009 learned Additional Sessions Judge, Fast Track, 6th Court, Malda delivered the judgment of conviction of the accused-appellant (hereinafter called as impugned judgment) of an offence under Section 376 of the Indian Penal Code (in short I.P.C.) and of acquittal of another accused Durgesh Mondal of the charge under Section 376 (2) (g) of the I.P.C. in Sessions Trial No. 01/09. In that judgment the convict-appellant was sentenced on 21.03.2009 to suffer imprisonment of ten years for the offence under Section 376 of the I.P.C. and to pay compensation of Rs.10,000/- in default to suffer imprisonment for one year. Said judgment of conviction and sentence is under challenge in this appeal. We have been apprised by the learned counsel for the parties that no appeal has been preferred against acquittal of Durgesh Mondal and the appellant is in judicial custody.

2. In the trial Court charge was framed against both the accused (appellant and Durgesh Mondal) as on or about the 29th day of May, 2007 at Krishnapur Shyamtola on a jute field behind Anchal office both of them committed gang rape upon the victim girl (named) at about 8 p.m. and thereby com