RABINARAYAN DAS Vs. STATE

JUDGEMENT

(1.) Blinded by lust, the petitioner committed rape on a blind girl. That is the allegation. The accusation was accepted by the learned Assistant Session Judge-cum-Additional Chief Judicial Magistrate, Bhubaneswar, who convicted the petitioner under S. 376 of the Penal Code, 1860 (in short 'IPC') and sentenced him to rigorous imprisonment for seven years. Additionally, he found that the petitioner was guilty under Ss. 366 and 342, IPC and awarded sentences of two years and three months rigorous imprisonment respectively. The sentence were directed to run concurrently. In appeal, the learned Additional Sessions Judge, Bhubaneswar up held the convictions and sentences.

(2.) Shorn of unnecessary details, the factual backdrop as depicted by the prosecution is that the prosecutrix, a blind girl (P. W. 1) used to go to Bhubaneswar for trainings in music. On 6-3-1987, she was travelling from Cuttack to Bhubaseswar by bus. The petitioner was a co-passenger and when the prosecutirx got down at Bhubaseswar and took a rickshaw to go to her destination, the petitioner sat by her side and traveled with her. Instead of dropping her at her destination, she was taken to the Orissa Secretariat where she was raped. The rickshaw puller was examined as P. W. 2. Several other witnesses were examined to show that the petitioner had taken the prosecutrix inside the Secretariat and when he came down after the heinous act, he was apprehended, taken to the police station and both petitioner and prosecutirx were examined medically. After completion of investigation charge sheet was submitted against the petitioner. Medical evidence and the opinion of the doctors PWs 4, 5, 13 and 20 fully corroborate the evidence of the prosecutrix as do opinions of the chemical examiner and serologist and findings recorded by them. The petitioner was identified in the Test Identification Parade by the rickshaw puller (P.W.2) and the sentries P.Ws. 9 and 10. This place of occurrence is a paper cutting room, otherwise known as Press cutting room of the Information and Public Relations Department of the State of Orissa, Blood patches were found on the steps to the spot room as detected by the Scientific Officer (P.W.6) and P. W. 21.

(3.) The petitioner's plea was one of denial.