Pradeep Kumar, J. - (1.) HEARD learned Counsel for the appellant and counsel for the State.
(2.) THIS appeal is directed against the judgment and order of conviction dated 2.8,2002 and 3.8.2002 respectively passed by the Additional Sessions Judge -I Rajmahal District -Sahibganj in S.C, No. 135/1993 by which judgment he found the appellant guilty under Section 376 IPC and sentenced him to undergo R.I. for seven years and a fine of Rs.2000/ - and in case of default further undergo R.I. for six months. It has been submitted by the counsel for the appellant that it has come in the evidence that the victim -informant Rita Kumari is married wife of the appellant -accused Niwas Mandal and significantly he left her and conducted a second marriage. She has filed a false case against the appellant and the prosecution has not proved beyond reasonable doubts. It is also admitted that the investigating Officer was not examined in the case and as such the conviction of the appellant is bad and fit to be set -aside.
(3.) ON the other hand, learned Counsel for the State has submitted that the prosecutrix - P.W. 1 has fully supported her case in the court and the Doctor found that the intercourse might have taken place and also spermatozoa was found and as such the appellant has rightly been convicted.;