MADHUSUDAN NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Madhusudan Naik faced trial in the Court of the Addl. Sessions Judge, Kuchinda in S.T. Case No.37 of 2012 for commission of offence punishable under section 376 of the Indian Penal Code and vide impugned judgment and order dated 09.10.2015, he was found guilty of the offence charged and sentenced to undergo R.I. for seven years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for one year.

(2.) The prosecution case, in short, is that on 12.07.2012 at about 2.30 p.m. the victim (P.W.1) had been to attend the call of nature to a nearby Nala of her village Jurapali, Gorposh under Govindpur police station in the district of Sambalpur and while she was attending the call of nature, the appellant came from her back side, caught hold of her and forcibly committed sexual intercourse. On hearing hullah of the victim, his brother Manohar Naik (P.W.2) and other persons grazing cattle nearby came there to rescue the victim and seeing them, the appellant fled away from the spot. On the same day, the victim lodged F.I.R. before the A.S.I. of Garposh Outpost and it was drafted by P.W.2 as per the instruction of the victim and the report was sent to Govindpur police station and accordingly, Govindpur P.S. Case No.49 dated 12.07.2012 under section 376 of the Indian Penal Code was registered against the appellant.

(3.) P.W.13 Keshab Chandra Behera, I.I.C. of Govindpur police station after registration of the case, took up investigation of the case and during course of investigation, he examined the victim and other witnesses, arrested the appellant on 13.07.2012, sent requisition for medical examination of the appellant as well as the victim (P.W.1) and he also seized the wearing apparels of the appellant under seizure list (Ext.4) and forwarded him to Court. He also seized vaginal swab and pubic hair of the victim collected by the Medical Officer. He also seized blood sample of the appellant, pubic hair of the appellant, his nail clippings, semen of the appellant etc. which were collected by the Medical Officer during his medical examination. On the same day, he also seized the wearing apparels of the victim such as a synthetic saree, one maroon colour petty coat and one orange colour blouse on production by the victim at Govindpur police station and prepared the seizure list marked as Ext.2. He also visited the spot and prepared the spot map marked as Ext.10 and made a prayer to the learned S.D.J.M., Kuchinda to send the exhibits to R.F.S.L., Sambalpur for chemical examination and on completion of investigation, charge sheet was submitted by the I.O. on 17.08.2012 against the appellant under section 376 of the Indian Penal Code.