- (1.) The appeal is directed against the judgment and order dated 25th March, 2013 passed by the learned Additional Sessions Judge, 4th Court, North 24 Parganas at Barasat convicting the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for three months more.
(2.) The prosecution case as alleged against the appellant is as follows:
(3.) One Pabitra Dey (P.W. 1) lodged a complaint with the Officer in charge of Ashokenagar Police Station alleging that on 17th July, 2012 at about 11 a.m. the appellant called his wife (P.W. 3) to his residence and when she went there, she was taken inside the room, volume of the television was increased and after closing the door of the room she was ravished. The victim was threatened by the appellant that if she disclosed the incident to anybody, the appellant would murder him. After returning home victim disclosed the incident to defacto complainant and tried to commit suicide by hanging with the help of a rope as she was ashamed and not in a position to show her face to society. She was however, saved by a neighbour, namely, Dipankar Nath (P.W. 2). He saw the incident of her attempting to take her life around 10 p.m. in the night and saved her. She was taken to Habra Hospital and subsequently shifted to Barasat Hospital and then to R.G. Kar Hospital at Calcutta for better treatment. Pursuant to such written complaint, Ashokenagar Police Station case no. 371 dated 18th July, 2012 under Section 376 of the Indian Penal Code was registered for investigation. In conclusion of investigation charge sheet was filed under Section 376 of the Indian Penal Code against the appellant. The case being a sessions triable one was committed to the Court of Sessions, North 24 Parganas and transferred to the Court of Additional Sessions Judge, 4th Court at Barasat, North 24 Parganas for trial and disposal. Charge was framed under Section 376 of the Indian Penal Code. The appellant pleaded 'not guilty' and claimed to be tried. In course of trial prosecution examined as many as eight witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. It was his specific defence that the victim was known to him and used to regularly visit his house. As her husband was incapable of sexual intercourse, she had started mixing with him and they met together several times. On the date of incident the victim had come to his house and his wife was not at home. She cooked his meal and thereafter she suddenly hugged him from behind and they met intimately. Thereafter the victim suggested that they should elope. As he disagreed, the victim threatened him and left his house. The defence however, did not examine any witness to probabilise its defence. In conclusion of trial, the trial Court by the judgment and order dated 25th March, 2013 convicted the appellant for commission of offence punishable under Section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for seven years and fine of Rs.10,000/- in default to undergo simple imprisonment for three months more. P.W. 1 is the husband of the victim (P.W. 3). He has stated that the appellant had raped his wife on 17th July, 2012 at about 11 a.m. On the next day i.e. on 18th July, 2012 he lodged a written complaint at Ashokenagar police station. He has proved the written complaint and his signature thereon. He further stated that his wife was treated at Habra Hospital and thereafter at Barasat Hospital and lastly at R. G. Kar Hospital in Kolkata as she had attempted to commit suicide by hanging. His brother Amal Dey informed that the appellant had committed rape upon his wife and out of shame she had attempted to commit suicide. Victim had narrated the incident to Amal. In cross-examination, he stated that their marriage had taken place two years ago and the same was a negotiated one. He stated that the village of the appellant is adjacent to his village and the wife of the appellant is the sister of his wife by village courtesy. They were on visiting terms. Wife of the appellant used to keep her handicapped son in the custody of the victim. He stated that his wife used to visit the house of the appellant. He stated that he cannot say who wrote the first information report. He however clarified that the first information report was written as per his instruction. P.W. 2 Dipankar Nath is a neighbour. He stated that the victim tried to commit suicide by hanging at her home and he took her to hospital along with her husband and other members.;