The main legal principle established in the judgment is the requirement for reliable evidence, corroboration, and proof beyond reasonable doubt in cases of sexual assault, emphasizing the benefit of every reasonable doubt to the accused.

Joymalya Bagchi, J.

The appeal is directed against the judgment and order dated 23.03.2015 passed by learned Additional Sessions Judge, Fast Track Court, Haldia, Purba Medinipur convicting the appellant for commission of offence punishable under Section 376(1)/354 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for six months for the offence punishable under Section 376(1) I.P.C. and to suffer rigorous imprisonment for two years and to pay fine of Rs. 5,000/- for the offence punishable under Section 354 I.P.C., both the sentences to run concurrently.

2. Prosecution case, as alleged against the appellant, is to the effect that the victim (PW 1) was acquainted with the appellant as the latter and her husband were in the same profession, and some months ago, during absence of her husband, the appellant came to her house and suddenly hugged her and put vermilion on her forehead. Thereafter, he declared her to be his wife and forcibly raped her against her will. The appellant had also threatened to kill her, and her children. Thereafter, the appellant fled away from the place of occurrence. The victim, however, did not disclose such incident out of shame and fear to her husband and others. The appellant continued to rape her on a number of times against her will and she became pregnant thrice whereupon the appellant helped her to abort by consuming medicine. Lastly, she informed the incident to her husband. Thereafter, her husband forbade the appellant to come to the house. On 11.02.2014 the appellant forcibly entered their house at 10 p.m. by breaking the bamboo fencing while the victim was sleeping with her husband and children. The appellant dragged the children and her husband from the bedroom and locked them in another room from outside. Thereafter, he ravished the victim and ran away. On the next day written complaint was lodged by PW 1 with Nandigram Police Station resulting in registration of Nandigram Police Station Case No.148/14 dated 12.04.2014 under Section 376/313 IPC. In conclusion of investigation, charge sheet was filed under Section 376/354 IPC.

3. Thereafter, the case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, Fast Track Court, Haldia, Purba Medinipur for trial and disposal. Charges were framed under Section 376/354 IPC against the appellant who pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined ten witnesses and exhibited a number of documents. The defence of the appellant was one of innocence and false implication

4. Mr. Chatterjee, learned Counsel appearing for the appellant submits that the prosecution case can be divided into two parts. Firstly, some months ago the appellant taking advantage of his acquaintance with the PW 1 had come to her residence during the absence of her husband and put vermilion on her forehead and thereafter forcibly raped her. Strangely enough the PW1 did not narrate such incident either to her husband or any other person. It is further alleged thereafter that the appellant and PW 1 cohabited on a number of occasions and she got pregnant thrice and such pregnancies were aborted with the help of the appellant. Subsequently, PW 1 informed the matter to her husband who forbade the appellant from coming to his house. This gives rise to the genesis of the second part of the incident, which occurred, on 11.02.2014 in the night. It is alleged that on that day at around 10 P.M. in the night the appellant broke the bamboo fencing of the house of the PW 1 and forcibly entered the house when PW 1 was sleeping with her husband and children. The husband and the children were dragged into one room and locked the same from outside and thereafter he committed rape upon PW 1 and fled away. Learned Counsel criticized first part of the prosecution case on the score that it is highly p