Sankar Acharyya, J. - (1.) This appeal has been preferred by the sole appellant challenging the judgment and orders of conviction and sentence dated 25.02.2013 and 26.02.2013 passed by learned Additional Sessions Judge, 2nd Court, Darjeeling in Sessions Trial No. 11/2010 arising out of Sessions Case No. 24/2010 convicting the appellant under Sections 376 (2) (f) and 366A of the Indian Penal Code (in short I.P.C.). In that judgment the appellant was sentenced to suffer rigorous imprisonment for eight years and to pay fine of Rs.5000/- in default to simple imprisonment for six months in respect of the charge under Section 366A of the I.P.C. and was also sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/- in default to simple imprisonment for six months in respect of the charge under Section 376 (2) (f) of the I.P.C. with an order for running the sentences concurrently.
(2.) In the petition of appeal the appellant has assailed the aforesaid judgment (hereinafter called as impugned judgment) on various grounds. Inter alia, the appellant has contended that the prosecution failed to establish that the victim girl is a minor and also failed to prove the prosecution case against the accused appellant during trial. The appellant has prayed for setting aside the impugned judgment of conviction and sentence in this appeal.
(3.) On perusal of the materials on the records of trial Court it appears that on 03.03.2010 at 08:25 a.m. a written complaint was lodged at Jore Bunglow police station in the District of Darjeeling by the informant who was subsequently examined as PW 15 by the prosecution during trial. The said complaint was treated as First Information Report (FIR) and registered as FIR No. 13 dated 03.03.2010 under Sections 363, 366A of the I.P.C. against two accused persons namely Chandan Mahato and Rajen Sah. The case made out in the complaint in substance is that a fourteen years old daughter (who was examined as PW 17 during trial) of PW 15 was missing since 25th February, 2010. On search she could not be found out till the lodging of FIR. In the meantime, on 1st March, 2010, PW 17 called the PW 15 through mobile phone No. 9641814723 at the informant s mobile no. 9733330507 and she was crying. Again, on 2nd March, 2010 there was a missed call in the mobile phone of PW 15 from the same number through which PW 17 called PW 15 on the preceding date. On 1st March, 2010, PW 17 told the PW 15 over phone that the sim card no. 9641814723 was purchased and given to her by Chandan Mahato. In the complaint it was also stated that Chandan Mahato and Rajen Sah of Rajib Nagar, Siliguri used to come daily for taking food in the shop of PW 15. The informant suspected that said Chandan Mahato and Rajen Sah had kidnapped the PW 17. Delay in lodging the FIR has been explained as caused for searching the PW 17.;