KUBERA MAHANTA Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 30 -6 -1989 of the learned Sessions Judge, Keonjhar convicting the appellant Under Section 376, I. P. C. and sentencing him to undergo rigorous imprisonment for five years.

(2.) PUT briefly, prosecution case may be stated thus. The parties belong to village Kundalpani under Harichandrapur Police Station in the district of Keonjhar. On 16 -1 -198B the informant (PW 1), husband of the victim lady (PW 5) had been to village Guniadiha, while his wife, PW 5 had been to Sola field to watch the crop. It is alleged that while PW 5 was watching the field, sitting inside the hutment (Palla), the appellant suddenly went there and made PW 5 lie down on the ground and committed rape on her. The victim could not extricate herself from the clutches of the appellant. After the appellant left the place, the victim came back to the village and reported the incident to the ward member, PW 2 as also the Grama Rakhi. A Panchayat was convened in the village which was attended by the appellant, the victim lady as also others. The appellant denied the incident there. Thereafter being advised by the ward member and others, PW 1, the husband of the victim lady lodged F. I. R., Ext. 1 at. Harichandrapur Police Station'. The Officer -in -charge of the Police Station recorded the F. I. R., registered a case and took up investigation, on completion of which he submitted charge sheet against the appellant,

(3.) IN support of its case, prosecution has examined as many as nine witnesses, of whom PW 1 is the husband of the prosecutrix, PW 2 the ward member, PW 3 teacher of the school and Panchayat member, PW 4 a seizure witness, PW 5 the victim lady, PW 6 the medical officer, Harichandrapur government dispensary who had examined the prosecutrix as also the appellant, PW 7 the medical officer of the District Jail Hospital, Keonjhar who on the consent of the appellant drew some sample of saliva for chemical examination and serological test, PW 8 a seizure witness and PW 9 the Investigating Officer. Learned trial Judge, relying mainly on the ocular testimony of the orosecutrix PW 5 and some other items of evidence, namely the medical evidence of PW 6, the evidence of PWs 2 and 3 who were told about the incident by PW 5 and the seroloical report showing stain of semen of human origin on the Sari of PW 5, has accepted the prosecution case and convicted the appelant as stated earlier. He was alive to the situation that there was no eye -witness to the alleged occurrence.