Kailash Prasad Deo, J. - (1.) The instant Criminal Appeal has been preferred against judgment of conviction dated 21.05.2004 and order of sentence, dated 22.05.2004, passed by 1st Additional Sessions Judge, Jamshedpur, in Sessions Trial No. 244 of 2003 arising out of C/1 Case No. 721 of 2002, whereby the sole appellant Bishnu Bhakat has been convicted for the offence punishable under Section 376 of the Indian Penal Code and awarded rigorous imprisonment for seven years and also sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 498 A of the Indian Penal Code and both the sentences are directed to run concurrently.
(2.) The prosecution case is based upon a complaint petition filed by complainant Kalyani Bhakat before the Chief Judicial Magistrate, Jamshedpur on 09.08.2002, against Bishnu Bhakat, brother-in-law, father-in-law and mother-inlaw, alleging therein, that her marriage was solemnized with Ashwani Kumar Bhakat in the month of Baisaakh 1999, as per Hindu rites and customs, at Kalikapur, Potka. The marriage was a settled marriage by the guardians of both the family. At the time of marriage, Rs. 50,000/- cash and various items were given, worth Rs. 40,000/-. Initially the complainant stayed happily at her sasural but subsequently, she was shocked to know, that her husband Ashwani Kumar Bhakat is a weak and having unsound mind but even then, like Indian Hindu women, she tolerated and tried to adjust herself but after one year of the marriage, the accused persons started torturing by abusing in filthy language and she was confined in a room, assaulted and not provided food. The complainant has further alleged, that in the middle of year 2001, in the absence of her husband, she was assaulted and threatened by the accused/appellant for demand of dowry, with intention to outrage her modesty. The complainant objected but was brutally assaulted by the accused. In the month of January and March, 2002, when her husband has gone out of village, the accused/appellant entered into the room and forcibly under threat, raped the complainant but due to social prestige, she did not complained the same to anybody. Again on 14.07.2002 at about 11 p.m. in the night, the accused/appellant entered into her room and under threat, committed intercourse with the complainant and threatened that, if she will disclose it to anyone, she will be killed. The complainant has further stated, that her father-in-law and mother-in-law had always supported the accused/appellant. The complainant went to the police station, on 16.07.2002 but no action was taken and thus, she filed a complaint case on 09.08.2002, before the learned Chief Judicial Magistrate, Jamshedpur. On 13.08.2002, solemn affirmation of the complainant was recorded, where she has stated, that her marriage was solemnized with Ashwani Kumar Bhakat in the month of Baisakh, 1999 and after that she could know, that her husband is abnormal. At the time of marriage Rs. 50,000/- cash and article of worth Rs. 40,000/- were given. She has also stated, that her father-in-law, mother-in-law and brother-in-law used to torture her and when her husband used to go out, her brother-in-law used to behave badly with her. In January, 2001 to March, 2002, she was raped by brother-in-law, who also gave threatening, that she should not disclose it to anybody, otherwise she will be killed. On 14.07.2002 at 11.00 p.m., she was again raped by her younger brother-in-law. When she disclosed this fact to her father-in-law and mother-in-law, she was again tortured by them and they dragged her out of the house. Thereafter, she went to the house of her elder sister, who is residing in the same village and she went to the police station, on 16.07.2002 but no action was taken and thus, she filed a complaint case.
(3.) The witnesses, examined in this case, have been enquired under Section 202 Cr.P.C. and the cognizance of the offence under Sections 498 A and 376 of the Indian Penal Code against all the accused persons, and subsequently, the case was committed to the court of Sessions against the appellant vide order dated 07.06.2003. The charge has been framed against the appellant under Sections 376 and 498 A of the Indian Penal Code, on 06.11.2003, to which the appellant has pleaded his innocence and thus was put under trial.;