Shivakant Prasad, J.

1. The instant appeal is directed against the judgment and order of conviction dated 27.09.2013 and sentence dated 30.09.2013 passed by the Additional Sessions Judge, 2nd Fast Track Court, Raiganj, District- Uttar Dinajpur in Sessions Case No. 128 of 2007 convicting the appellant under Sections 363/376 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for seven years and to pay a fine of Rs. 10,000/- in default to suffer Rigorous Imprisonment for six months for the offence punishable under Section 376 of the Indian Penal Code, 1860 and sentenced to suffer Rigorous Imprisonment for three years and to pay fine of Rs. 5,000/- in default to suffer Rigorous Imprisonment for three months for the offence punishable under Section 363 of the Indian Penal Code, 1860 inter-alia, on the grounds that the impugned order of conviction and sentence is against the evidence on record, is bad in law and liable to be set aside as the learned Judge having relied upon inadmissible evidence on surmises and conjectures not borne out by any materials evidence on record.

2. Prosecution case leading to the instant appeal is that on the complaint of Arun Monda