The victim's testimony, while pivotal, requires corroboration and must inspire confidence for a conviction in cases of sexual assault, particularly amidst family disputes.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This is an appeal filed against the judgement and order of conviction passed by the Learned Court of Additional Sessions Judge, Fast Track, 5th Court, Alipore, 24 parganas South in Sessions Trial No. 2 (8)12 under Section 376 of the Indian Penal Code whereby the appellant was sentenced to suffer rigorous imprisonment for a period of 5 years and to pay a fine of Rs .5000/- and in default to suffer simple imprisonment for a period of 1 month.

Genesis of the case

2. Briefly stated the prosecution case arises on the strength of a complaint lodged by XXX on April 28, 2012 against the appellant alleging commission of rape upon her on April 26, 2012. It is her case that the appellant being an acquainted person often visited victim’s house during presence of her husband .On April 26,2012 Thursday a drama on goddess Manasha was being held and the accused came to watch the same in their village but the victim did not go there to watch the drama .In the mid of night when she was sleeping with her three children, the accused entered into her house opening the door made of Bamboo strips and threatened her with a sharp weapon not to create any hue and cry or otherwise he will kill the children. She fervently requested him not to commit any such act as it will ruin her life but he did not pay any heed and committed rape on her and she couldn’t shout, out of fear .Her husband was not present and hence she informed her husband over telephone who accused her of betraying taking advantage of his absence. She was shattered and cried for the entire day on the next day of incident and after having the consent of her husband she lodged the complaint before the Officer-in-charge, P.S Basanti.

3. On the basis of such complaint Basanti P.S no. 298/12 started under section 376 I.P.C .On completion of investigation the I.O submitted the charge-sheet against the accused person under Section 376 I.P.C. The case being exclusively triable by the Sessions Court was transferred to the Learned Court of C.J.M Alipore 24 Parganas South and after commitment transferred before the learned Session Judge wherefrom it was further transferred to the Learned Court of Additional Session Judge ,5th Court Alipore for trial .The Learned Court after considering the material and upon hearing both the parties framed the charge under IPC and the content of the same was read over and explained to the accused who pleaded not guilty and claimed to be tried .Hence the trial commenced. The Learned Court after hearing the parties and after assessing the evidences adduced by the prosecution witnesses passed the order of conviction against the accused person under and sentenced him to suffer R.I. for a period of 5 years .Being aggrieved thereby this appeal has been filed.

Submissions

4. The Learned advocate appearing on behalf of the appellant submitted written Notes of Argument. It is his specific stand that the appellant has been implicated with a mala fide intention due to ongoing dispute between the husband and the appellant herein in respect of repayment of loan amount which was procured by the husband of the de-facto complainant from the appellant herein. It is his contention that the Learned Judge incorrectly relied upon the case of the prosecution and came to the finding of guilt against the appellant. It was not considered by the Learned Judge that there is no eye witness though the de-facto complainant said that she was sleeping with three children and one of her son is aged about 12 years. The learned judge failed to consider the glaring discrepancies and despite absence of any inj