GOBARDHAN GADABA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner accused herein was convicted for the offence under Ss. 363/376 IPC by the Chief Judicial Magistrate-cum-Asst. Sessions Judge, Jeypore in C.T. No. 63 of 2005 as per judgment passed on 3/2/2006 and was sentenced to undergo R.I. for seven years for the offence under Sec. 376 IPC and to pay a fine of Rs.1,000.00, in default, to undergo S.I. for two months and to undergo R.I. for two years for the offence under Sec. 363 IPC and to pay fine of Rs.1,000.00, in default, to undergo S.I. for two months with both the sentences directed to run concurrently. The said judgment of conviction and sentence was confirmed by learned Additional Sessions Judge (Fast Track Court), Jeypore vide judgment dtd. 21/11/2006 passed in Criminal Appeal No. 78 of 2006.

(2.) The facts of the case in a nutshell are that on 30/1/2004 at about midnight when the victim was sleeping on her verandah, a boy, named, Sansai called her for which she opened the door and came outside but the petitioner, who was present outside, caught hold of her and forcibly dragged her to a vehicle parked nearby. Thereafter he took the victim to an Akasia plantation in the vehicle and on reaching there, he dragged the victim out of the vehicle and took her into the plantation area and assaulted her. He thereafter forcibly removed her wearing apparel and committed sexual intercourse. The other accused, namely, Bansidhar Bisoi, who was sleeping in the vehicle, came and rescued the victim and thereafter they went away leaving the victim at the spot. The victim proceeded to a nearby village, named, Pakhanaguda and called one Balarama Gadava and narrated the incident before him and his wife and took shelter in his house. On the next morning the said Balaram Gadava went to the house of the victim at Bijarapalli and narrated the incident before her father. Accordingly, an FIR was lodged before the OIC of Mahila Police Station leading to registration of Jeypore Mahila Police Station Case No. 03 of 2004 corresponding to G.R. Case No. 73 of 2004 of the Court of learned S.D.J.M., Jeypore. Upon completion of investigation, charge sheet was submitted against the accused.

(3.) Heard Mr. A. Mishra, learned counsel for the petitioner and Mr. S. Mishra, learned Addl. Standing Counsel for the State.