SANMAT KUMBHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 14/9/2009 passed by the Additional Sessions Judge, Titilagarh in S.C. No.27 of 2006 convicting the Appellant for the offences punishable under Ss. 302 and 376 (2)(f) of the I.P.C. and sentencing him, for the offence under Sec. 302 I.P.C., to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.2,000.00 and in default to undergo RI for one year; and for the offence under Sec. 376 (2)(f) I.P.C., to undergo RI for 10 years and a fine of Rs.2,000.00 and in default to undergo RI for one year. The Appellant was also convicted under Sec. 201 I.P.C. and sentenced to undergo RI for 7 years and to pay a fine of Rs.2,000.00 and in default to undergo RI for one year. All the sentences were directed to run concurrently.

(2.) The case of the prosecution is that on 13/2/2006 at around 10 am, the Appellant-accused visited the house of the informant-Bada Bibhar (P.W.22) and talked with his grand- daughter, the deceased (Sima Bibhar) aged 6 years. The Appellant then called the deceased and Durjan, the grandson of P.W.22 to eat chana (nuts) in his house. While the accused was taking the deceased and Durjan Kumbhar to his house, the sarpanch of the village, Krupasindhu Mohananda (P.W.7), Duryodhan Chhura (P.W.9) and Sashi Chhura (P.W.14) noticed it.

(3.) One hour later, Durjan returned home alone and on being asked, he informed that the deceased was sitting on the verandah of the accused. Thereafter, P.W.22 came to the house of the accused along with Durjan but could not find the deceased. On being asked, both the accused and his wife informed them that Sima had gone away. P.W.22 then searched for Sima in the village and paddy field but could not find her. When P.W.22 again went to the house of the accused, he found the door was locked. The wife of the accused was sitting there. On being asked, she stated that the keys of the house were with her husband and then she went looking for him. Sometime thereafter the accused came there and on being asked to open the lock, he stated that his wife had the keys and went away. The informant then suspected something amiss and informed the sarpanch (P.W.7) and ward member. P.W.7 and the ward member then went searching for the accused but could not find him. P.W.7 then informed the police.