- (1.) This appeal is directed against the judgment dated 23-9-1999, passed by Shri S. Narayan, Sessions Judge, Chaibasa Camp at Seraikella in Sessions Trial No. 440 of 1995 convicting the appellant under section 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for ten years. The appellant was acquitted of the charges under section 302 of the Indian Penal Code.
(2.) No counsel appeared for the appellant on repeated calls. Mr. Faizal Rahman assisted as amicus curiae on behalf of the appellant. He pointed out various contradictions and submitted that only on the basis of evidence of the victim lady, the appellant has been convicted.
(3.) The prosecution case in short is that Rabindra Nath Dey, father of victim Sulekha lodged written report on 13-8-1995 (Ext. 1) to the effect that Sulekha was married with Jagarnath Dan, son of the appellant on 7- 12-1994. The appellant demanded heavy dowry which was paid. On 2-8-1995 the informant received information that his son-in-law, Jagarnath Dan was seriously ill whereupon he reached Chandil where he was informed by the appellant-Samdhi of the informant that on 31-7-1995 Jagarnath Dan had committed suicide by hanging himself with a tree and that appellant had disposed of the dead body after getting post-mortem done. The informant wanted to bring back her daughter, Sulekha but appellant did not send her on different pretext but finally the informant got her to his house on 7-8-1995. Thereafter the informant knew from his daughter Sulekha that her husband was physically weak and on the next day of the marriage the appellant said her that even if his son is physically weak he would compensate the physical weakness of his son and on the very next date of the marriage the appellant committed rape with her and threatened that in case she disclose about it to anybody she would be killed. Sulekha further informed to her father that fearing her own and family prestige, she did not disclose this to anyone. Again the appellant committed rape on Sulekha. It was further stated by Sulekha that on 31-7-1995 her husband Jagarnath informed her to keep the room closed as he was going outside to display video, but when she woke up in the dead night she saw the appellant moving in the house and he was very much perturbed. Then she came to know from the appellant that her husband had committed suicide by hanging himself from a tree. Thereafter his dead body was taken to Jamshedpur on the pretext of illness and it was cremated after post-mortem. It was alleged in the report that the appellant taking advantage of the weakness of his son committed rape twice during her stay at the house of the appellant and also committed murder of his son-in-law.;