NIRAN HO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Niran Ho faced trial in the Court of learned Asst. Sessions Judge, Karanjia in S.T. Case No.23/28/72 of 2006- 05 for commission of offences punishable under Sec. 341/323/376/506(II) of the Indian Penal Code on the accusation that on 10/12/2004 at about 7 p.m. he wrongfully restrained the victim, voluntarily caused hurt to her and committed rape on her and also committed criminal intimidation by threatening her to kill with intention to cause alarm to her. The learned trial Court vide impugned judgment and order dtd. 14/12/2006 has been pleased to hold that the prosecution has failed to establish the charges under Sec. 341/323/506(II) of the Indian Penal Code against the appellant, but found the appellant guilty under sec. 376 of the Indian Penal Code and sentenced him to undergo R.I. for seven years and to pay a fine of Rs.1000.00 (rupees one thousand), in default, to undergo further R.I. for one month.

(2.) The prosecution case, in short, as per the first information report lodged by Sitaram Ho (P.W.3), the husband of the victim before the I.I.C., Karanjia police station on 11/12/2004 is that on 10/12/2004 evening at about 7.00 p.m., the victim, who was his wife had been to attend the call of nature to the backyard of the house where the appellant committed rape on her and assaulted her. It is further stated in the F.I.R. that after returning from Karanjia, the informant came to know about the occurrence from the victim. P.W.3 also came to know from the victim that the appellant also threatened her with dire consequences.

(3.) After submission of charge sheet, the case was committed to the Court of Session and after following the due formalities, the learned trial Court framed the charges against the appellant on 23/8/2006 and since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prove the guilt of the appellant.