JUDGMENT :

(Bibek Chaudhuri, J.)

1. The appellant has assailed the judgment and order of conviction and sentence dated 14th November, 2018 and 15th November, 2018 passed by the learned Additional Sessions Judge, Fast Track 1st Court at Alipore in Sessions trial No. 08 (08) 2017 corresponding to Sessions Case No. 57(05) 2017 convicting the appellant to suffer rigorous imprisonment for seven years and fine of Rs. 20,000/- ,in default, to suffer imprisonment for further period of six months for the offence punishable under Section 376(1) of the Indian Penal Code.

2. Maheshtala Police Station case No. 78 of 2017 was registered on 15th February, 2017 under Section 376 of the Indian Penal Code (hereafter “IPC” for short) on the basis of a written complaint submitted by one Tanjila Bibi. It is alleged in the complaint that on 12th February, 2017 her daughter aged about 20 years was found missing. She is mentally retarded. The de facto complainant lodged a missing diary with the Maheshtala Police Station. She and her family members also conducted search for her said daughter. On the next morning at about 7.30 a.m. the victim was found at a place call Garwan Para. At that time she was physical