Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 23.9.2015 and 24.9.2015 passed by the learned Additional Sessions Judge, 3rd Court, Nadia Krishnagar in Sessions Case No. 26(4) 2015 [Sessions Trial No. 111 (April) 2015] convicting the appellant for commission of offence punishable under Section 448/376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for one year and to pay fine of Rs.1,000/-, in default, to suffer further rigorous imprisonment for six months more for the offence punishable under Section 448 of the Indian Penal Code and to suffer rigorous imprisonment for life and to pay fine of Rs.50,000/-, in default, to suffer further rigorous imprisonment for four years more for the offence punishable under section 376 of the Indian Penal Code with a direction that the fine amount, if paid, be handed over to the husband of the victim as compensation. Both the sentences are to run concurrently.
(2.) The prosecution case as alleged against the appellant is to the effect that on 14.4.2012 around 7.30 P.M. while the victim was alone in her house, the appellant had trespassed and committed rape upon her. At that time, the husband of the victim, P.W. 4, Ranjan Roy returned home and saw the appellant violating his wife in the bathroom. When he protested, the appellant brandished fire arm and threatened him not to disclose the incident to any one failing which they would be murdered. Being frightened, P.W. 4, husband of the victim, kept his wife at her paternal home. On the next day, his wife committed suicide by jumping in front of a running train. Krishnanagar G.R.P.S. U.D Case vide No.11 of 2012 was registered with regard to the said incident. Subsequently, P.W. 1, father of the victim, took out an application under Section 156(3) of the Code of Criminal Procedure alleging that the appellant had raped and had abetted the commission of suicide of his daughter. Pursuant to the direction of learned Magistrate, the instant case being Kotwali P.S. Case No.288 of 2012 dated 1.5.2012 under Sections 448/376/306 of the Indian Penal Code was registered against the appellanant. In conclusion of investigation, charge-sheet was filed against him. The case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional Sessions Judge, 3rd Court, Nadia, Krishnanagar for trial and disposal. Charges were framed under Sections 448/376/306 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 14 witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgement and order dated 23.9.2015 and 24.9.2015 convicted and sentenced the appellants, as aforesaid. The appellant, however, was acquitted of the charge under Section 306 of the Indian Penal Code. Hence, the present appeal.
(3.) Mr. Mondal, learned Advocate appearing for the appellant argued that the conduct of P.W. 4, husband of the victim raises serious doubt whether the victim had been subjected to forcible rape by the appellant. P.W. 4 did not lodge first information report on the date of the incident or even after his wife committed suicide. On the other hand, he kept his wife at her parental home after the alleged incident. P.W. 1 and P.W. 4, father and husband of the victim respectively, did not disclose the incident of rape in the course of investigation of the unnatural death of the victim. Plea that the police authorities had not acted on the complaint lodged by P.W. 1 is also not supported by contemporaneous records. Version of other witnesses that P.W. 4 had complained that the appellant had raped the victim appear to be an embellishment which was stated by them for the first time in Court. The genesis of the incident appears to be most artificial and the appellant is liable to be acquitted.;