STATE OF ORISSA Vs. GURUDAS MAJHI

JUDGEMENT

(1.) THIS Government Appeal is directed against the order of acquittal dated 12th July, 1996 passed by the learned Asst. Sessions Judge -cum -Chief Judicial Magistrate, Nabarangpur in Sessions Case No.4 of 1996 acquitting the respondent of the offence under Section IPC.

(2.) THE facts leading to the prosecution case are that Moti Majhi (P.W.1) is the victim and Kamal Lochan Majhi is her husband. On 3.10.1995 at about midnight both P.Ws.1 and 2 were sleeping in their house. The prosecutrix (P.W.1) came out from the house for urination. Since she did not return for a considerable time, her husband came out of his house and found that the accused was committing sexual intercourse with P.W.1 under a tree. P.W.2 could see the accused and P.W.1 by virtue of moon light. The prosecutrix was trying to escape from the clutches of the accused. P.W.2 assaulted the accused with a stick. At that time one Manmoti Samrat and Punei Majhi (P.W.6) came to the spot and caught hold of P.W.2. Thereafter, the accused fled away from the spot. Next day, a village Panchayat meeting was convened to consider the matter and in accordance with the decision arrived at in the said meeting, the informant (P.W.2) lodged FIR (Ext.1) at the concerned police station. On the basis of Ext.1, investigation was taken up by the investigating agency and on its completion charge sheet was filed against the respondent to face trial.

(3.) THE plea of the defence was one of complete denial.