HARI SHANKAR PRASAD, J. - (1.) THIS appeal is directed against the judgment of conviction 27.8.1999 and order of sentence dated 30.8.1999 passed in Sessions Trial No. 10/99, whereby and whereunder the learned 3rd Additional Sessions Judge, Deoghar held the appellant guilty under Sections 376 and 448, IPC and convicted and sentenced him to undergo RI for ten years under Section 376, IPC and one year RI under Section 448, IPC, but sentences were directed to run concurrently.
(2.) THE prosecution case in brief is that the victim lady had given in writing to the Superintendent of Police, Deoghar stating, inter alia, therein that on 30.4.1995 she had gone to Deoghar for performing Puja and stayed at New Grand Hotel, Station Road, Deoghar in the night and on the same night at midnight some person knocked the door where she was staying with her husband and they opened the door. Two persons entered into the room and they disclosed their identity as police personnel and one of them locked her husband inside the bathroom forcibly and both of them committed rape against her will. She narrated the occurrence to the hotel manager and their staff. On this piece of written information a case under Sections 448 and 376, IPC was registered and police after investigation submitted charghesheet in the case. Cognizance was taken and case was committed to the Court of Sessions and learned 3rd Additional Sessions Judge recorded the evidence of witnesses both oral and documentary and came to a finding and held the appellant guilty under the aforesaid sections and convicted and sentenced him as aforesaid. Prosecution has examined nine witnesses PW 1, is the victim lady herself. She has narrated that on 30.4.1995 at about 10 -11 p.m. she was staying with her husband in New Grant Hotel, Deoghar. She does not remember the room number. She was sleeping with her husband and in the meantime two persons knocked the door and on enquiry they disclosed that they are police personnel. Both of them entered the room and enquired about the names of her husband and mother -in -law and then left the place. She bolted the room. She further deposes that soon thereafter they again came and broke open the door and one of them locked her husband in the bathroom and another person, having beard, came to her, showed a knife, threatened her and committed rape on her. She wept bitterly but he did not leave her. She says that she did not see the person, who committed rape on her again. She narrated the occurrence to the Manager and their staff and they did not pay any heed. She did not go to P.S. as accused persons were claiming themselves as police personnel. She sent a written information in the name of S.P., Deoghar (Ext. 1). She says that she knows the appellant for the last 20 years and she has got family relationship with the accused persons and both of them are on visiting terms.
(3.) PW 2, is Sardendu Banerjee, who has supported the prosecution case and has deposed that he was staying in New Grand Hotel. Deoghar and at about 11 p.m. one person knocked the door and on enquiry he disclosed him as police personnel and on opening the door he first entered and left the place and soon thereafter he again came with a person and broke open the door and entered the room and one person locked him in the bathroom and one hour thereafter he left him. When he came out from the bathroom, his wife disclosed him that she has been raped. He has also stated and deposed that a complaint to that effect was lodged with the hotel management.;