A KAMARAJU PATRO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The revision is directed against the judgment and order dated 3-4-1982 of the learned Sessions Judge, Ganjam, Berhampur maintaining the conviction of the petitioner u/ S. 376, IPC and sentencing him to R.I. for five years thereunder.

(2.) Prosecution case in a nut-shell is that in the evening of 3-8-1979 the petitioner along with some others of village Buchamba was going with a woman by name Mathamani Jani towards Dera Durial ground. One Ladu Kishore Pradhan saw it and waited on the road to see what they were doing. About half an hour after he found all those persons including the petitioner running away. He went to nearby liquor shop and found some persons and told them as to what he had seen. Then all of them went to the spot and found the prosecutrix Mathamani Jani (P.W. 3) lying there almost naked. To their query she told them that one healthy boy of Dera community of Kodala and one boy of Kharada community and three others, whom she could identify robbed her of gold ornaments and the two boys of Dera and Kharada community committed rape on her forcibly. P.W. 3 was brought by them to the village where she narrated the incident. Thereafter the petitioner and the accused Hari Kharada since acquitted were asked by the villagers about the incident, and they are said to have confessed to have committed the offence before them. Next day, P.W. 3 was taken to the hospital for treatment and thereafter P.W. 3 accompanied by Ladu Kishore (P. W. 1) lodged FIR at Kodala P.S. P.W. 5 the officer in charge of the P. S. drew up FIR, registered a case and took up investigation of the case. In course of investigation he got the prosecutrix (P.W. 3) medically examined by Doctor, P.W. 6. On completion of investigation charge-sheet was placed against the petitioner and two others who stood trial for the offence of rape as also offences u/Ss. 366 and 379 r/w 34, IPC.

(3.) The plea of the petitioner at the trial was one of total denial.