(1.) This appeal arises out of judgment and order of conviction and sentence passed by learned Additional Sessions Judge, 2nd Court, Malda, in Sessions Trial No. 12 of 2011 corresponding to Sessions Case No. 287 of 2010, by which the appellant was convicted for the offence under Sec. 376 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for six years and to pay a fine of Rs. 2,000/ -, in default to suffer imprisonment for six months.
(2.) The backdrop of conviction and sentence of the appellant by the trial court is as follows:
(3.) The police investigated the criminal case and submitted charge -sheet. The case was committed to the court of sessions. The charge was framed against the appellant under Sec. 376 of the Indian Penal Code and charge was framed against the co -accused persons under Sec. 506 of the Indian Penal Code. On conclusion of trial, learned Additional Sessions Judge convicted the appellant and sentenced him to suffer imprisonment for six years and to pay a fine of Rs. 2,000/ -, in default to suffer imprisonment for six months more, but the co -accused persons were acquitted of the charge under Sec. 506 of the Indian Penal Code.