JANMAJAYA BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal arises out of the judgment and order of the learned Additional Sessions Judge (F.T.), Sambalpur in S. T. Case No.35/19 of 2005 disposed of on 19.9.2006. The appellant has been convicted for commission of offence under Section 376 (2) (f) of the Indian Penal Code (in short 'IPC') as well as under Section 302 of IPC.

(2.) Case of the petitioner is that on 29.6.2004, the deceased, Sasmita Bhoi, a minor girl, along with other children were playing near the village tube-well at about 5.30 P.M. The deceased did not return home in the evening for which the family members of the deceased started searching for her in the village. Many villagers joined them. In spite of thorough search, the deceased was not found. When the family members of the deceased and the other villagers were searching for the deceased, the appellant came to the village at about 8 p.m. and enquired about the matter and also joined the villagers in search of the deceased.

(3.) In course of trial, the prosecution examined as many as twenty witnesses, but none was examined on behalf of the defence. The plea of defence is complete denial of the prosecution allegation and the appellant also complained of false implication.