PRAFULLA MUNDARI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Prafulla Mundari @ Pelka faced trial in the Court of learned Addl. Sessions Judge -cum- Special Judge, Sundargarh camp at Rourkela in Special G.R. Case No.417 of 2013/Trial No.29 of 2017 for commission of offences punishable under sec. 376(2)(i) of the Indian Penal Code and sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act') on the accusation that he committed rape on the victim girl, who was aged about eight years at the time of occurrence, in a dilapidated house situated at village Lindra under Bisra police station in the district of Sundargarh.

(2.) The prosecution case, as per the first information report lodged by one Minaketan Mundari (P.W.10), the father of the victim before the Inspector in-charge of Bisra police station on 24/2/2013 is that on that day in the afternoon at about 03.00 p.m., the appellant called the victim girl who was aged about eight years to a dilapidated house and opened her pant and committed rape on her and after the occurrence, the victim returned home and disclosed about the incident crying before her mother.

(3.) The defence plea of the appellant is one of denial and it is pleaded that there was civil dispute between both the families for which a false case has been foisted against him.