Debi Prosad Dey, J. - (1.) This appeal is directed against the judgement and order of conviction dated 25th February, 2009/26th February, 2009 passed by the learned Additional Sessions Judge, Fast Track, 3rd Court, Siliguri in sessions trial no. 19 of 2006 (sessions case no. 22(s) 2006) whereby and whereunder learned Judge has convicted the appellant for the offence under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.5,000/- only in default to suffer simple imprisonment for 1 year.
(2.) Being aggrieved by and dis-satisfied with such judgement and order of conviction, the appellant has preferred this appeal on amongst other grounds that learned Trial Judge could not appreciate the evidence of the victim in its true perspective since the victim did not ever complained of any such sexual assault by the appellant and that the victim has categorically stated in her cross examination that she had filed such case only in order to compel the appellant to marry the victim.
(3.) The further ground of this appeal is that learned trial Court did not consider the settled principle of law that mistake of fact does not come under the purview of Section 90 of the Indian Evidence Act and the Hon'ble Apex Court has been pleased to settle the law in very many decisions but learned trial Court did not at all consider the settled principle of law and thereby came to an erroneous decision by convicting the appellant.;