BHURSA BHURSA KIRA Vs. PRAHALLAD

JUDGEMENT

(1.) THE appellant has been convicted under Section 376, IPC and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 300.00, in default to undergo rigorous imprisonment for a further period of one year by Shri K.M.Das, learned Assistant Sessions Judge cum Civil Judge (Senior division), Nuapada, vide judgment dated 24.6.1995 in Sessions Case No. 7/2 of 1995. The said judgment has been assailed in this appeal.

(2.) PROSECUTION case, briefly stated, is as follows :

(3.) MR . N.C.Pati, learned counsel for the appellant, contended that the learned Assistant Sessions Judge has failed to appreciate the evidence correctly and has reached an erroneous conclusion which cannot be sustained in law and is liable to be set aside. Shri R.K.Patnaik, learned Addl. Standing Counsel for the State supported the judgment. The rival contentions require careful consideration.