KALIA ALIAS KALAKAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Judgment of the learned Sessions Judge, Dhenkanal in Crl. Appeal No. 68/96 affirming the order of conviction of the petitioner passed by the learned Chief Judicial Magistrate-cum-Asst. Sessions Judge, Angul in S. T. 34-A of 1996 sentencing him to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 1000.00 under S. 376, I.P.C. and indefault to undergo rigorous imprisonment for six months and also to undergo rigorous imprisonment for one year on each count under Sections 342/323 IPC and to run the above sentences concurrently is impugned in this Crl. Revision.

(2.) The accused is put up on trial on the accusation that on 12-10-95 at about 1.00 P.M. he caught hold of the prosecutrix (P.W.2) in front of her house, dragged her by holding tuft of her hair and confined her in a room of his house where he had committed rape on her against her will. She was subsequently rescued by the police and the witnesses from the house of the accused. On her information Chhendipada P.S. case was registered. During investigation the I.O. got her medically examined, made seizure of wearing apparels of the victim and also of the accused. On completion of investigation, the I.O. submitted charge-sheet against the accused persons.

(3.) During trial the accused who pleaded innocence of the charges and false implication set up a defence theory that after he married the victim's cousin sister she started defaming him that he is a man of bad character for which they were not pulling on well which culminated in roping him in a false case by the victim.