STATE OF ORISSA Vs. DASRU KISAN

JUDGEMENT

(1.) Non-acceptance of evidence of prosecutrix by the appellate court and consequently the prosecution case to acquit the accused who was convicted under Section 376, I.P.C. is the cause for this appeal against acquittal.

(2.) On 24-11-1980, Prosecutrix (P.W. I) orally reported to P.W.8, who happened to come to her village that she was raped by the accused on 20-11-1980 at 10 A.M. in a ditch in the nearby jungle when she was collecting fire wood along with her elder brother and younger sister being dragged for a distance of about fifteen feet to the place of occurrence. Cause of delay in reporting was stated to be on account of absence of any other person as her father was dead and she was attending to the household affairs. P. W.8 reduced her version to writing which was treated as First Information Report

(3.) Accused was tried and convicted but in appeal it was found that he was not properly represented. Accordingly, his conviction was set aside and in a fresh trial, he was again convicted to be acquitted in appeal.