JHUBA LAKRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants being aggrieved with the order of conviction and sentences imposed on them by the learned Assistant Sessions Judge -cum -C.J.M.,Rourkela in S.T. Case No.203 -47 of 2004. Learned Assistant Sessions Judge, Rourkela while convicting the appellants under Section 376(2)(g) of the Indian Penal Code (for short the 'I.P.C.') sentenced each of them to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/ - in default of which each of them to further to undergo rigorous imprisonment for one year.

(2.) THE case of the prosecution is that on 24.1.2004 afternoon the prosecutrix Augustina Minz (P.W.6) had gone to the nearby hamlet of her village to invite persons for attending her daughter's marriage and around 8 P.M., while she P.W.6 was returning to her house the two appellants were following her and on the lonely road near Tungritola hamlet forcibly dragged her inside the 'Bari' which situate at the back side of the house of Mahendra Chouhan (P.W.4). It is alleged that after assaulting the prosecutrix the two appellants forcibly lifted her saree and ravished her one after the other for which it is alleged that the prosecutrix became unconscious.

(3.) ON the next day morning P.W.6 could learn that she was brought to her house from the place of occurrence by her sons. P.W.6 reported the matter to her family members and thereafter she proceeded to Tangerpalli I.D.L. Out Post and orally reported the matter which was reduced into writing and a case was registered by Tangarpali Police Station. Investigation was taken up. On completion of investigation charge sheet was placed against the appellants to stand their trial.