JUDGMENT :

Shampa Dutt (Paul), J.

The Appeal:-

1. The appeal is against a Judgment and Order of conviction and sentence dated 15.11.2016 and 17.11.2016 respectively passed by the Learned Additional Sessions Judge, 7th Court, Barasat, North 24 Parganas in connection with Session Trial Case no. 05(01)2012 arising out Session case no. 02(06)2011 whereby the Learned Judge was pleased to convict the appellant herein for the offences punishable under Section 376 of the Indian Penal Code and further pleased to sentence the appellant to suffer rigorous imprisonment for 7 years and pay fine of a sum of Rs.10000/- in default to suffer rigorous imprisonment for six months.

The Prosecution:-

2. The appellant states that the genesis of the prosecution case relates back to a written complaint made by Rahima Khatun before the officer-in-Charge, Deganga Police Station stating that:-

“There was love relationship between the complainant and the appellant herein since last one year. Thereafter they started to mix up physically and the appellant promised to marry her. The said accused person used to come to her bed room and used to make physical relation with her. On 17.06.2009 at about 1 a.m. the accused e