JUDGMENT :

PER J.K. MAHESHWARI, J

Assailing the validity of the Judgment and Order dated 17.02.2020 and the Sentence awarded on 18.02.2020 in Sessions Trial (F.T.) Case No. 04 of 2019 by the Judge, Fast Track Court, East & North Sikkim at Gangtok and challenging the findings recorded against the accused/appellant of his conviction and sentence of 10 years rigorous imprisonment and the amount of fine of Rs.50,000/- (Rupees Fifty Thousand), in default three months simple imprisonment for an offence under Section 376 (1) of the Indian Penal Code, 1860 (for short, IPC), this appeal has been preferred by the accused.

2. The case of prosecution, in brief, is that the accused Shajal Rai @ Adrian, aged 22 years, is a resident of Zoom Busty, West Sikkim, at present resident of 6th Mile, Tadong, East Sikkim. He is a driver by profession and was in occupation to drive a tourist vehicle bearing registration number SK01 Z-0702 belonging to Damber Bahadur Chettri of Deorali, East Sikkim. On 17.04.2019 at around 20.30 hrs., the victim’s sister while checking the mobile phone of the victim, received a call from the accused, who asked the victim’s sister to come and meet him at Putali Garden, East Sik