LAKHI ALIAS LAKHIDHAR BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) IMPUGNED in this appeal is the judgment of the Sessions Judge, Kalahandi, Bhawanipatna dated 2.12.1989 whereby he convicted the appellant for an offence under Section 376 I.P.C and sentenced him to undergo rigorous imprisonment for three years.

(2.) ON 13th April, 1989 at about 5 P.M, victim Champa Dei , wife of informer Bhadra Thakur, P.W.3 had gone to the house of her sister Mangelin Dei for getting fire. Appellant Lakhi Bag taking advantage of the absence of Mangelin Dei, forced her servant Bisekh Harijan, P.W.5 to leave the place and, thereafter, ravished Champa Dei. When Champa Dei resisted, appellant gagged her mouth with cloth. However, accidentally, the cloth came out of her mouth and she screamed. Hearing her screams, neighbors came there and broke opon the door and rescued the victim. At the time of the incident, the informer was not in the village as he had gone out. He was informed about the incident by his wife, the victim on his return back in the evening. Thereafter, he lodged his complaint, Ext.3 scribed by Dibakar Thakur, P.W.4, at the Jaypatna Police Station. Resultantly, F.I.R No.37 dated 14.4.89 under Section 376 I.P.C. was registered. After completion of the investigation, charge -sheet was filed.

(3.) TRUE, that the victim of crime could not be examined because she had died. Under these circumstances, trial Court has rightly given weightage to the statement made by the victim to her husband and other witnesses, being relevant under Section 32 of the Evidence Act. Though her statement cannot be considered as a dying declaration, the fact remains, her statement or narration of incident to the eye -witnesses, soon after she was rescued by them and to her husband without any lapse of time becomes highly credible and could not have been ignored by the trial Court.