JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against the judgment and order dated 8.2.2001/9.2.2001 passed by the Learned Sessions Judge, Uttar Dinajpur, at Raiganj, in Sessions Case No. 88/99 (Sessions Trial No. 37/99) convicting thereby the appellant under Section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a period of 4 years and 3 months and to pay a fine of Rs. 5,000/-in default to suffer simple imprisonment for 3 months more.

2. The prosecution case was initiated on the basis of a complaint which precisely stated that the victim was forcibly grabbed from behind by the appellant while she was working at the field and thereafter raped in a paddy field.

3. There was a delay of two days to file the aforesaid complaint as the amicable settlement between the parties failed to fructify.

4. Based on the written complaint, P.S. Case No. 88/96 dated 28.11.96 under Section 373/323 of the Indian Penal Code was initiated.

5. Investigation resulted in submission of the charge-sheet based on which charges were framed to which the appellant pleaded not guilty and claimed to be tried.

6. The prosecution to prove its case examined 12 witn