STATE Vs. GOURANGA MARANDI

JUDGEMENT

(1.) This Government Appeal has been preferred against the order of acquittal recorded by the Chief Judicial Magistrate -cum -Assistant Sessions Judge, Jagatsinghpur in S.T. Case No. 244 of 1995.

(2.) Opposite Party -respondent faces trial for the charges under Ss. 379/ 376/ 354/ 323/ 341/ 506/ 34 Indian Penal Code. Allegations made against the accused -respondent is that he along with co -accused persons obstructed the informant (P.W. 2) and robbed him of his salary amounting to Rs. 1700/ - and in that process not only they assaulted him but also molested and ravished his accompanying wife Salma Hembram (P.W. 3). Though the occurrence took place on 11.6.1993 at about 3 P.M., but the F.I.R was lodged at 12.30 P.M., on 12.6.1993. After a routine investigation police submitted the charge -sheet. Since the other accused persons were absconding the Respondent was committed to the Court of Sessions and he faced the trial on the charge for the aforesaid offences.

(3.) To substantiate the charge, prosecution examined six witnesses, besides relying on five documents and wearing apparels of the P.W. No. 3 vide M. Os I to III. Amongst the witnesses, as noted above, P.W. 3 is the victim woman whereas P.W. No. 2 is her husband and the informant and also a victim of the occurrence. P. Ws. 5 and 6 are the two Doctors and P.W. 1 is the Scientific Officer, who proved the report from the Forensic Science Laboratory and P.W. 4 is the Investigating Officer.