JUDGMENT :

TIRTHANKAR GHOSH, J.

1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 22.02.2021 & 23.02.2021 passed by the Learned Additional Sessions Judge, 1st Court, Malda in Sessions Trial No. 07/2015 arising out of Sessions Case No. 301/2014, thereby holding the appellant guilty for commission of offence under Section 376 of Indian Penal Code, 1860 and directing him to suffer rigorous imprisonment for 7 years and fine of Rs. 10,000/- in default to suffer rigorous imprisonment for 6 months.

2. Habibpur Police Station Case No. 106/14 dated 31.05.2014 was registered for investigation under Section 376 of IPC on the basis of an information/complaint submitted by the informant/victim ‘X’. The victim being childless, decided along with her husband to call a Kabiraj (Practitioner of indigenous medicine). After coming to know regarding the accused associated with such profession, he was asked by her husband to perform the same and on 27.05.2014 in the morning at about 9.00 A.M. he visited the informant’s house. After arriving the accused represented that two ladies/women would be required, accordingly the informant called his sister-in-