SURENDRA NAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner stands convicted under Sections 366/376, I.P.C. and sentenced to undergo rigorous imprisonment for five years on each count; the sentences, however, to run concurrently.

(2.) CASE of the prosecution is that in the early morning of 31.5.1985, Dhanaphul (P.W. 13) was in her house. Her neighbour Jasoda came and asked her to accompany to attend call of nature. Accordingly both of them went towards the roadside for the purpose. At that time, the Petitioner along with one Alekha, Sura, Chala gagged P.W. 13's mouth and the Petitioner took her in a cycle to Sabalpur. He kept her inside a room at Gungutipada belonging to his relative and locked the room from out side. In the evening the Petitioner came and opened the door and committed sexual intercourse with her. A missing report was filed by her father (P.W. 1) on 18.6.1985 and the girl was recovered.

(3.) PROSECUTION examined 15 witnesses in support of its case. P.W. 1, the father of the girl P.W. 13 turned hostile. He stated that he traced and brought his daughter from Gungutipada, Sambalpur, where she was kept in the house of one Kishore. P.W. 3 is the mother of P.W. 13.