STATE Vs. MUSA

JUDGEMENT

(1.) Acquittal of two accused persons from charge u/S. 376, IPC for having committed rape on a married woman in her house is subject matter of this appeal.

(2.) Victim lady is aged about 22 years. She lives with her young son, husband and mother-in-law. Accused persons aged about 40 and 45 years are their co-villagers.

(3.) Prosecution case is that on 16-3-1984, at about 7 p.m. both the accused persons came to house of P.W. 6 and persuaded him for assistance in cooking the meat of a fowl brought by them. They sent P.W. 6 to collect balance amount from Babru Behera (not examined) to whom more money than price of fowl was paid. At that time mother-in-law of P.W. 7 was in a room. P.W. 7 was doing some work and for that was standing on the outer varandah of their house. After P.W. 6 left, both the accused persons called P.W. 7 to go inside for finding out tamarind. When P.W. 7 declined, both accused caught hold her two hands and dragged her inside the house. When she shouted, accused Bindhani put a cloth pack in her mouth. Accused Sankhua committed rape on her. Thereafter, accused Bindhani also committed rape. When they left her, she came out and while putting chain to the door from outside, accused Sankhua forcibly pulled the door and came out. Accused Bindhani remained inside the room. P.W. 7 chained and locked the door and shouted. Hearing her shout, her parents (not examined), husband (P.W.6) and villagers Bhagabat Sahu (not examined), Banchanidhi Sahu (not examined). Bhuban Behera (not examined), Somanath Behera (not examined) and other villagers reached the spot. While accused Sankhua was running away with the cycle, P.W. 7 locked his cycle and took away the key. But finding that people are coming he lifted the cycle and ran away. At about 10 p.m. she went to the policestation with her husband (P.W. 6) and father Surendra Sahu (not examined) and orally reported the aforesaid fact which was reduced to writing as First Information Report by P.W. 8. In the report it was stated that her bangle were broken and by the broken bangle, there were scraches in her hand. She also stated that she had injuries on her breasts caused at the time of rape.