BHUDHAN LAL SARMA Vs. STATE

JUDGEMENT

(1.) THIS appeal by the appellant Bhudhanlal Sarma, is directed against the judgment of the learned Sessions Judge, Balasore, convicting him under Section 376, I.P.C. and sentencing him to undergo R. I. for seven years.

(2.) THE prosecution case, briefly stated, is this : The appellant Bhudhanlal Sarma committed rape on a minor girl, Ambika Dei (P. W. 1) at about 4 p.m. on the 10th November, 1959. This girl, P.W. 1 having lost her mother from her infancy was being brought up by her 'Mousi', Tara Dei (P. W. 3) and her 'mousa' Sanatan Jena (P. W. 4), in their house since after the death of her mother. On the date of occurrence at about 4 p.m. P. W. 1 after collecting cow -dung in the field adjoining one Edward Goshala at Sahadeb Khunta in the town of Balasore went inside the said goshala compound to wash her hands in the tank situated therein.

(3.) THE learned Sessions Judge relying upon the evidence of P.W. 1 and the attending circumstances came to the conclusion that the appellant had committed rape on P.W. 1 without her consent and against her will, and accordingly convicted him under Section 376, I. P. C. and sentenced him to undergo rigorous imprisonment as stated above.