BHOLANATH SETHY @ BULU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant, who has been convicted under section 376 (2) (g) of the Indian Penal Code (for short the 'I.P.C.') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 2,000/ - in default to further undergo rigorous imprisonment for six months in S.T. Case No. 27/16 of 2006 by the Ad hoc Additional Sessions Judge (Fast Track Court No. II), Keonjhar being aggrieved has preferred this appeal.

(2.) THE case of the prosecution is that the victim (prosecutrix) (P.W. 2), who happens to be the first wife of the informant Pradeep Kumar Pradhan (P.W. 1), on 29.9.2005 around 5 P.M. had gone to a well at 'BEDANALA' to fetch water and while she was returning, the present appellant along with one Duan Giri raped her. Information was lodged by P.W. 1 in writing before the O.I.C., Nayakote Police Station vide Ext. 1. On receipt of the said information, Police took up investigation of the case and on completion of the investigation charge -sheet against the present appellant and Duan Girl under section 376 (2) (g) of the I.P.C was placed. I may mention here that though both the accused persons were convicted by the learned Trial Court under section 376 (2) (g) of the I.P.C. but the present appellant only has preferred this appeal.

(3.) THE plea of the appellant was of complete denial of the allegations. It is his further plea that since he had landed property dispute with Pradeep (P.W. 1), therefore he has been falsely implicated in this case.