JUDGMENT

Ajay Kumar Gupta, J. - Appellant has assailed the judgment and order of conviction and sentence dated 10.12.2014 and 11.12.2014 passed by the Learned Additional Sessions Judge, 1st Court, Darjeeling in Sessions Case No. 12 of 2013 arising out of Pulbazar P.S. Case No. 11 of 2012 dated 14.11.2012, thereby convicting the appellant under Section 376 (2) (g) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and pay fine of Rs.1,00,000/- which would be applied in compensating the victim, in default, he would further suffer imprisonment for two years.

PROSECUTION CASE:

2. Bereft of details the allegations brought by way of the complaint by the de facto complainant, inter alia, to the effect that on 13.11.2012 at about 10.00 P.M. his daughter aged about 11 years along with her friends went to play 'vailo' (play performed as part of local custom at the night of Laksmi Puja) at Bhotay Gaon, at the residence of the appellant. She was dragged to the room by the appellant with the help of Binod Chettri and Deo Kr. Gurung. Thereafter, appellant committed rape upon the victim girl. Pulbazar P.S. Case No. 11/12 dated 14.11.2012 under Section 376 (f) (g) of