BIDYADHAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) These appeals arise out of the judgement and order passed by the learned Sessions Judge, Boudh-Kondhmals, Phulbani, convicting the appellants under S.363, I.P.C. and sentencing each of them to undergo various terms of rigorous imprisonment and to pay fines.

(2.) Prosecution case in brief is as follows : According to the caste custom, P.W. 1 was to marry the victim girl Surekha (P.W. 3) and so on the date of occurrence, namely, 24-11-1982 in the evening, the former was bringing the latter from the house of his father-in-law to his own house for the subsequent performance of marriage. Gita (P.W.4), elder sister of Surekha (P.W.3) and two others were accompanying him. Inside the forest, all of a sudden the appellants emerged and gagging the mouth of Surekha (P.W. 3), she was physically lifted and carried away. A search was made but in vain. Subsequently it is alleged, appellant Mamu took her to the house of a relative, confined her in a room and against her will and consent committed rape. Some days after he brought her to G. Udayagiri and than to Ranpur where also he continued to commit rape on her. She was rescued from the custody of appellant Mamu on 5-2-1982. On the information (Ext. 1) lodged by P.W. 1 investigation was carried and after recovery of the victim girl, she was sent for medical examination. The Medical Officer (P.W. 6) reported that she was a minor aged between 14 and 15 years and further there were no recent signs of sexual intercourse. As this was a case of rape of a minor girl against her consent, charge-sheet was submitted against appellant Mamu for having committed offences under Ss.366 and 376 and against other appellants under S.366, I.P.C.

(3.) The appellants during trial denied their involvement in the offence.