JUDGMENT :

DEBANGSU BASAK, J.

1. The appeal is directed against the judgment of conviction dated August 26, 2015 and order of sentence dated August 27, 2015 passed by the learned Additional District & Sessions Judge, 2nd Court–cum-Special Court, Darjeeling in Sessions Trial No.1/14 arising out of Sessions Case No.82/2013.

2. By the impugned judgment of conviction, the learned trial Judge found the appellant before us guilty under Section 376(2)(i) of the Indian Penal Code, 1860 and Section 4 of the Protection of Children from Sexual Offences Act, 2012. By the impugned order of sentence, the learned trial Judge sentenced the appellant to rigorous imprisonment for 10 years and also sentenced the appellant to pay of fine of Rs.10,000/-and in default to undergo rigorous imprisonment for six months.

3. The case of the prosecution as against the appellant before the trial Court was that, the appellant on August 15, 2013 at about 4:30 P.M. called the victim to his house to watch television and raped her thereby committed an offence under Section 376(2)(i) of the Indian Penal Code, 1860. According to the prosecution, the appellant was guilty of penetrative sexual assault within the meaning