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In conclusion of trial, the Trial Judge by the impugned judgement and order dated 05.03.2019 and 08.03.2019 convicted and sentenced the appellant, as aforesaid.

Mr. Bhattacharyya, learned Advocate appearing for the appellant argues that the evidence of the victim girl (P.W.2) is squarely at variance not only with the deposition of her mother (P.W.1) but also vis-a-vis her earlier statement before Magistrate. While in her statement before the Magistrate under section 164 of the Code of Criminal Procedure, P.W.2 stated that she had been forcibly raped by the appellant on an earlier occasion and thereafter on 9th August, 2017 at 8.30 P.M. at her residence, in Court she claimed that a singular act of forcible rape had been perpetrated at the house of the appellant on 08.08.2017 in the afternoon around 1.30 P.M. Moreover, the time, place and circumstances relating to forcible rape as narrated by the victim girl (P.W.2) is also at variance with the case alleged in first information report as well as the deposition of her mother (P.W.1). While in the first information report as well as the deposition of her mother (P.W.1) in Court, it is alleged that the victim had been repeatedly raped on a number of times in the tuition room and thereafter at the residence of the complainant in the evening of 08.08.2017, the victim is silent with regard to the charge of multiple rape and alleged she had been raped in the afternoon of 08.08.2017 at the residence of the appellant.