- (1.) The appeal is directed against the judgement and order dated 29.08.2013 passed by the learned Additional District and Sessions Judge, 1st Court, Raiganj, Uttar Dinajpur in Sessions Trial No. 8/2011 (Sessions Case No. 197/2009) convicting the appellant for commission of offence punishable under section 376 and 448 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and pay a fine of Rs. 5,000/-, in default, to suffer simple imprisonment for two months more for the offence punishable under section 376 of the Indian Penal Code and to suffer rigorous imprisonment for one year and pay a fine of Rs. 500/-, in default, to suffer simple imprisonment for one month more for the offence punishable under section 448 of the Indian Penal Code, both the sentences to run concurrently.
(2.) The prosecution case, as alleged, against the appellant is to the effect that on 21.04.2007 at about 7.30-8.00 pm the appellant entered into the house of the victim, namely, Sahera Begum (PW 1) in the absence of her husband and after having caught hold of the victim ravished her against her will.
(3.) On the basis of written complaint of the victim Sahera Begum (PW 1), Hemtabad P.S. Case No. 30/2007 dated 21.04.2007 under section 376/448 of the Indian Penal Code was registered for investigation.;