GOBINDA RANA Vs. THE STATE

JUDGEMENT

(1.) THE Appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to R.I. for five years, and to pay a fine of Rs. 100/ - in default to undergo R.I. for two months more, by an order dated 26 -9 -1961 passed by Sri K.N. Sarkar, Assistant Sessions Judge, Balasore.

(2.) THE short case of the prosecution is that at about 9 a.m. on 30 -11 -1960, Basanti (P.W. 1) a girl of about nine years while collecting paddy near a mango grove, was asked by the Appellant to accompany him to take some fruits. When the girl followed him, the Appellant took the girl into a room in the mango grove of one Banamali Moharana, and made her to lie down on the floor of the room, and took out her wearing cloth and then penetrated his penis into the vagina of the girl when the girl cried out of pain and the vagina bled profusely. After ravishing the girl the accused -Appellant fled away. Thereafter the girl reported this fact to her mother P.W. 6 who brought the the girl to the Pinda of the accused and reported the matter to his mother. P.W. 4 the father of the girl and also the mother took the girl to the hospital at Balasore for medical treatment where the girl was kept as an indoor patient for about a week. On being informed that the girl had been raped, the lady doctor, P.W. 2, sent a report (ext. 4) to the Sadar police station, Balasore. Thereafter the first information report was drawn up, and some seizures such as the wearing cloth of the girl, and the bloodstained earth from the place of occurrence, were made by P.W. 11 the sub -inspector of the Balasore police station under seizure list, ext. 12. As the place of occurrence was within the jurisdiction of Remuna police station, the case was transferred to the said police station and P.W. 13 the sub inspector of Remuna police station after due investigation, first submitted a final report as the accused had absconded; but subsequently when the accused was arrested by some of the villagers on 27 -12 -1960, the charge -sheet was submitted by the police under Section 376 and the accused was ultimately tried in the Court of Sessions after due commitment.

(3.) THE prosecution seeks to establish its case by the direct evidence of the victim, p.w.1 and two of her mates, p.ws.3 and 7, who are said the in her company near about the mango grove when the occurrence took place, as also by certain circumstantial evidence. P.W.6 the mother of the girl immediately after the occurrence took the girl and reported the matter to the mother of the Appellant as to how her daughter was revised by the Appellant. P.W. 4 has stated that immediately after the occurrence he was reported about the matter to one Binod Rana (p.w 8) and thereafter he took the girl to the hospital. P.W. 8 has stated that he saw the girl wearing a blood -stained Gamochha and being made to sit on the Pinda of the accused by her mother (p.w.6) and her informing the mother of the accused that her son was responsible for committing the rape on Basanti. P.W. 2 the lady doctor who examined the victim girl immediately after the occurrence found" her hymen was lacerated on both sides and there was a tear of about 3" x 1/2" on the posterior commissure and laceration on the posterior vaginal wall of 1/2"x 1/2"x ¼" continuing externally with the above injury, and the vagina was bleeding profusely. She was of the opinion that the injury might have been caused by forcible entry of a young man 's penis into the vagina. The seized blood -stained earth from the place of occurrence and the blood -stained wearing apparel of the girl were sent for chemical examination and the chemical examiner was of opinion that they contained blood, though no spermatozoa was found on the same.