The court emphasized the importance of establishing a complete chain of circumstantial evidence to prove guilt beyond a reasonable doubt, especially in cases of serious crimes such as murder and sexual assault.

JUDGMENT :

Joymalya Bagchi, J.

1. Appeal is directed against judgment and order dated 20.04.2023 and 21.04.2023 in Sessions Trial No. 02(05)87 corresponding to Sessions Case No. 07(08)1986 passed by learned Additional Sessions Judge, 2nd Court, Bankura convicting the appellant for commission of offence punishable under sections 376 and 302 of the INDIAN PENAL CODE and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.5,00,000/-, in default, to suffer simple imprisonment for two years more for the offence punishable under section 376 of the INDIAN PENAL CODE and to suffer rigorous imprisonment for life and to pay a fine of Rs.50,000/-, in default, to suffer simple imprisonment for one year more for the offence punishable under section 302 of the INDIAN PENAL CODE , both the sentences to run concurrently.

Prosecution case:-

2. Thumbnail sketch of the prosecution case is as follows:-

Father of the deceased (P.W. 1) is a resident of Bankura. He was in the process of constructing a cinema hall named and styled as ‘Shibani Cinema Hall’ on Cinema Road at Bankura. He along with his family comprising of his wife and two daughters were residing on the third floor of the partly constructed building where the cinema hall was to be set up. On 22.02.1983 at 6:30 p.m. he had gone to his shop. His wife (P.W. 7) along with his mother-in-law went to meet her sister (P.W. 2). His two daughters were alone in the house. Around 6:30 p.m. he received a phone call from his younger daughter who stated her elder sister was missing. He asked his younger daughter to look for the keys of the house. His younger daughter again phoned him and informed the key was in place but her elder sister was untraceable. Hearing this news, he returned home. He found the main gate leading to the staircase locked. He opened the lock with the duplicate key and proceeded to the second floor. The door leading to the staircase of the third floor was locked from outside. He opened the lock and went to the third floor. He found his younger daughter standing there who stated that his elder daughter was not in the residence. He came down to the second floor and searched the bathroom. He did not find her there. He went to the balcony. In the dark he noted something was lying there. He asked his younger daughter to bring a torch. In the torch light he found the dead body of his daughter. He noticed the tongue of his daughter had come out in a manner as if someone had strangulated her. Her body and clothes were burnt. In the room occupied by his elder daughter he noticed her clothes and other articles were scattered. His elder daughter was to take her ‘M.A.’ examination on 24th February. Thereafter, she was proposed to be married on 14th Baishakh. He telephoned his youngest brother-in-law (i.e. the appellant) who came to the spot. Hearing the news, his wife and mother-in-law returned home. Local people and police also assembled at the spot. He lodged written complaint with the local police. Appellant scribed the First Information Report resulting in registration of Bankura PS Case No. 23/54 dated 22.02.1983 under sections 302 and 201 IPC against unknown persons. Investigation in the case was taken up by P.W. 19. Investigating officer (P.W. 19) seized various articles including bed sheet, wearing apparels, loose hair from the room of the deceased as well as balcony from where her body was recovered. Fingerprints