STATE OF ORISSA Vs. MANOJ KUMAR SINGH

JUDGEMENT

(1.) THE State of Orissa, in this case, assails the acquittal of the respondent of the charges under Sections and of the Indian Penal Code, 1860, hereinafter referred to as the 'IPC for brevity, in S.T. Case No.27/5 of 1994 of the court of Assistant Sessions Judge, Sambalpur. The learned Assistant Sessions Judge, while acquitting the respondent of the aforesaid two charges, convicted him for the offence under Section of the IPC and sentenced him to undergo rigorous imprisonment for six months. Such judgment has been assailed in this appeal.

(2.) THE respondent was charged for the aforesaid offences for committing rape and unnatural sexual intercourse with the victim girl, who was aged about six years old on 02.07.1993. It is alleged by the prosecution that, on the date of occurrence, in the afternoon, the respondent called the victim girl near a temple, removed her chaddi and lifted her frock. Then the accused pushed his penis into her vagina and anus, as a result of which, she sustained bleeding injury and cried. She came back to her house by wearing the chaddi and reported the incident to her parents. The matter was reported to the police after few hours. On such FIR, police took up investigation of the case and after completion of investigation finding a prima facie case against the respondent, charge -sheet was laid for the offences under Sections and of the IPC.

(3.) IN order to prove its case, the prosecution examined seven witnesses. The victim has been examined as P.W.1. P.Ws. 2 and 3 are her parents. P.W.4 is the witness to the seizure of the wearing apparels of the victim girl. P.W.5 is the doctor, who medically examined the victim. P.Ws. 7 and 6 are the Investigating Officer, out of whom, later submitted the charge sheet.