SIDDHARTHA CHATTOPADHYAY, J. - (1.) (C.A.V.) - The appellant challenges the judgment and order of conviction dated 17.06.2015 and 18.06.2015 respectively passed by the Judge, Special cum Additional Sessions Judge, Cooch Behar in Sessions Trial No. 03(04)/2012, by which the learned Judge has convicted the appellant under Section 417/376 of I.P.C.
(2.) According to the appellant, the learned trial court failed to take into account the evidentiary value of the victim and other witnesses so far as the ingredients of Section 417/376 of I.P.C. are concerned. He also added that if a sexual intercourse is committed with consent, that cannot be termed as 'rape'.
(3.) Before I advert to the grievance of the appellant, which are mirror images of what was argued before the trial court, it would be wise to traverse through the relevant facts and events. Therefore, the factual scenario of the case has to have narration.;