JAHARLAL PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal has been filed by the accused in S.T. Case No. 4/62 of 1997 of the Court of Assistant Sessions Judge, Rairangpur, challenging the order of conviction under Section 376, I.P.C.

(2.) ACCORDING to the case of the prosecution P.W.1 the ravished girl, is the niece of the Appellant inasmuch as Appellant is the younger brother of P.W.3 and said P.W.3 is the mother of P.W.1. P.W.2 is the mother of both Appellant and P.W.3. The Appellant and the aforesaid three witnesses remains in the same locality P.W.1 was staying in one house with her maternal grand -mother (P.W.2) and the Appellant.

(3.) ON analysis of the evidence on record trial court found evidence of P.W.1 to 3 to be true and trustworthy and unimpeachable. Trial Court also recorded the finding that medical evidence and the other circumstantial evidence lends corroboration to the allegation of rape by the Appellant on P.W.1. Accordingly, trial court found the Appellant guilty under Section 376 I.P.C. and sentenced him to undergo rigorous imprisonment for a period of ten years with fine of Rs. 100/ - and in default to undergo R.I. for two months more.