(1.) The convict-appellant has been convicted for the offence under Section 376(2)(g) of the Indian Penal Code (for short 'Penal Code') read with Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo imprisonment for life by the learned Additional Sessions Judge, Bhubaneswar in C.T. Case No.1/63 of 2004, as per the judgment dated 19.01.2012.
(2.) The facts of the case, bereft of unnecessary details, are that the informant, being a Scheduled Caste parentless girl, was working as a labourer in a stone quarry of Kantia and was staying with some of her villagers, at a nearer hamlet Budhabapada, in a rented house of one Bhaga Behera. In the night of 06.09.2003, when she was sleeping in her house, at about 1.00 A.M. both the accused persons Dilu and Manua entered inside the house and in order to satisfy their physical lust, forcibly ravished the victim one after another and left the place posing threat with dire consequence in case she will divulge the fact to anyone. The victim sustained injuries on sensitive parts of her body due to the forced act of the accused persons. Thereafter, she divulged the incident before her employer and along with him, she went to police station and lodged F.I.R. Accordingly, after registration of the case, police investigated into the matter, examined the victim as well as the witnesses, visited the spot and conducted necessary seizure of material object and upon completion of investigation, charge sheet was submitted on 03.01.2004 against both the accused persons.
(3.) The accused persons took the plea of complete denial and false implication.