5. Case of the prosecution, in brief, is that victim, who is aged about 45 years, has lodged a written complaint (Ex.P-4) before Police Station Premnagar alleging therein that on the fateful day i.e. on 29.09.2009, at about 11 pm in the night, she was sleeping in her room and her husband –Babua Ram and her father-in-law (Mousa Sasur) were sleeping in the courtyard, which is adjacent to the room, at that time, appellant unauthorisely entered in her room and committed rape on her. It is further alleged that when the victim cried for help, then her husband and Bigam Ram came there and caught hold the appellant and tied him, which was seen by the villagers also. It is also the case of the victim, that appellant has also assaulted her husband and her family members. Thereafter, the matter has been reported to the police, then police came there and instead of arresting the appellant/accused, has arrested the family members of the victim. Thereafter she lodged a writeent complaint against the appellant and on the basis of the written complaint filed by the victim, appellant has been arrested and FIR bearing Crime No. 84/2009 has been lodged against the appellant under Sections 456 & 376 of the IPC. Thereafter, the appellant and the victim were sent for their medical examination. Evidence of the witnesses were recorded. Seizure has been made and spot map was prepared.
