MIHIR ALIAS BHIKARI CHARAN SAHU Vs. STATE

JUDGEMENT

(1.) Petitioner assails his conviction u/ S. 377 of the Indian Penal Code, 1986 (in short 'IPC') and sentence of three years' rigorous imprisonment as awarded by the learned Sub divisional Judicial Magistrate Anandapur (in short 'SDJM') and affirmed in appeal by the learned Sessions Judge, Keonjhar.

(2.) The accusations leading to the trial of the petitioner are that on 6-7-1985 at village Belsundari under Ramachandrapur Police Station, the victim girl, a minor, had been to the tailoring shop of the accused-petitioner during mid-day to get some stitched garments. Taking advantage of absence of others, the accused took the victim girl to a nearby room which was partitioned by a cloth screen, and committed an unnatural offence. The victim girl cried out of pain and when she left the place the accused persuaded her not to disclose the fact. She came to her house and since her father was absent, reported the matter to her mother and when her father came back first information report (Ext. 1) was lodged at Ramachandrapur Police Station on the next day. Police took up investigation, made seizure of clothes of the victim and the accused and sent them for medical examination. Their garments seized were sent to the Forensic Laboratory at Rasulgarh. After completion of investigation, charge-sheet was submitted.

(3.) The plea of the accused-petitioner was one of complete denial.