ALOK @ JITENDRA PANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction passed by the learned Assistant Sessions Judge -cum -Chief

(2.) THE case of the prosecution is that on 16.5.2000 at about 6.30 in the evening the present appellant had come to the house of Debendranath Pani (P.W. 9), who happens to be elder brother of the informant Srikanta Pani (P.W. 3). It is alleged that the appellant on the pretext of asking for a book entered into the house of P.W. 9 and taking advantage that the prosecutrix was alone in the house ravished her by gagging her. It is alleged that at the time of occurrence the mother of the victim had gone to wash the clothing and when returned to the house heard the cries of her daughter and when she entered inside her house found the appellant after leaving P.W. 1 standing in a corner of the house and at that time the victim girl was lying naked and bleeding. The victim narrated the facts before her mother. The informant (P.W. 3) after ascertaining the facts from the prosecutrix (P.W. 1) presented a written report i.e. Ext.1 before the O.I.C. Raibania Police Station. Police on receipt of the F.I.R. Ext.1 registered Raibania P.S. Case No. 20 of 2000 under Sections 448 and 376 of the I.P.C. and investigation was taken up. On completion of the investigation, charge sheet was placed against the appellant to stand his trial.

(3.) THE prosecution in order to bring home the guilt of the appellant examined 11 witnesses in all and the defence examined one witness.