STATE OF ORISSA Vs. POLIKAR ANTIA

JUDGEMENT

(1.) THIS is an appeal by the State against an order dated 30 -11 -1961 passed by the Assistant Sessions Judge, Koraput, acquitting the accused -Respondent of a charge under Section 376, Indian Penal Code, in Sessions Trial No. 2 of 1961.

(2.) SUNADEI Bhumiani (p.w. 1) a resident of Dalpur in the district of Koraput went to the house of her husband's brother at Baligadu on 11 -10 -1960. Baligadu is at a distance of three miles from Dalpur. After taking some paddy she was returning to her home in the afternoon of that day and at about 3 p.m. when she reached the field of Khagapati Kendu (p.w. 8), the accused suddenly appeared and caught hold of her shoulders as a result of which she fell down and the accused thereupon committed rape on her in spite of her protest. In course of the struggle, she caught hold of the shirt of the accused and tore out a portion of it, M.O. III/1 and also bit him with her teeth on his hand, Some of the glass bangles that she was wearing, were also broken to pieces and she also received some injuries on her hands and knees in course of the struggle. Some of the Ragi plants in the field where the occurrence took place, were also damaged.

(3.) BOTH P.W. 1 and the accused were medically examined, the former by a lady doctor, P.W. 6 and the latter by P.W. 10, the Assistant Surgeon of the Government Hospital at Jeypore. The lady doctor found a number of minor injuries on the person of P.W. 1 which by then were one week old, and it was not possible for her to give any opinion as to commission of rape particularly when the victim is a mother of six children. She however, opined that the injuries could be caused during a struggle if the victim falls on the ground. P.W. 10 found some injuries on the penis of the accused and a few abrasions on his right hand. After investigation, the accused was sent up for trial under Section 376, Indian Penal Code, to the Court of Sessions. The learned Assistant Sessions Judge however found the evidence to be insufficient and acquitted the Respondent and it is against this order of acquittal the State has preferred this appeal.