( 1 ) THE appeal arises out of conviction and sentence passed by the learned Sessions Judge, 5th Bench, City Sessions Court, Calcutta in S. C. Case No. 11 of 1994 being S. T. Case No. 2 of 1994 whereby the learned Judge sentenced the accused-appellant to R. I. for seven years and fine of Rs. 5,000/- in default to suffer further R. I. for one year on a charge under Section 376, I. P. C.

( 2 ) THE case of the complainant is appearing from the statement recorded at Jorasanko P. S. on 6-12-1989 made by Kalpana Choudhury, alleged to be the victim girl who gave her age as 14 years. As per statement she was a resident of a Village in District Murshidabad. She used to work for about two years in the house of accused-appellant Anath Bandhu Kundu at 69, Tarak Pramanik Road, Calcutta as a maid. The accused, who was engaged in jewellery business at Bombay, also possessed a flat there. In the month of July of the year when she made the statement, namely in 1989 she accompanied the accused to the Bombay flat. Since he had no other servant or any member of the family staying there. About three four months prior to the Durga Puja, probably in the month of July, she reached Bombay with the accused. From the very night the accused started to commit rape on her against her will. When objected he threatened her. The complainant stayed there for six (6) days and such act was committed daily by the accused. Thereafter both of them returned to Calcutta. In Calcutta she did not disclose the entire incident to the wife of the accused out of fear but she stated to her that while under intoxication the accused used to embarace her. To this the wife of the accused told her not to disclose this fact to anybody else. She accordingly did not disclose the fact to anybody else also, because the accused also threatened her that in the event of any disclosure he would kill her.

( 3 ) ABOUT 16/17 days prior to the Durga Puja, the complainant have to accompanied the accused to the Bombay flat again where they stayed for 15 days at a stretch. On this occasion also the accused used to rape her under threat. One day before Durga Puja both of them came back to Calcutta and still then she used to stay in the Calcutta house of the accused.

( 4 ) ONE of the duties which the complainant had to conform in the Calcutta house was to apply oil on the body of the accused in the morning. There were frequent quarrels between the accused and his wife over this part of the duty. About 7/8 days prior to the date of making the statement to the Police wife of the accused threatened her to the effect that unless she left the house, she would kill her. Being afraid she fled away from that house on Saturday last. Out of fear she did not disclose the fact to anybody but some of the Para Boys enquired on her (sic) on the date the statement was made to the Police and she disclose the entire incident to them. She does not know those names. Those local boys took her to the Police Station and the complainant disclosed the incident to the Police who took it down and thereafter she gave her L. T. I. after the statement was read over to her. She was accompanied by two women also besides some Para Boys.

( 5 ) JORASANKO P. S. Case No. 564 of 1989 was started on the basis of the said statement.

( 6 ) ON 17-12-1989 the accused was produced under arrest before the learned A. C. M. M. , Calcutta. The complainant was also produced on the same day. Investigation which continued in the Calcutta for some time it subsequently transferred to Bombay but latter it again was transferred to Calcutta under the order of this Court. Charge-sheet in this case was submitted on 31-1-1994. Following commitment the case was tried by the learned Sessions Judge at City Sessions Court, Calcutta. The date of the charge-sheet as appears from the Challan submitted by Police is 13-8-1993 but curiously enough the dates put below are completely different. While at one place it has been mentioned