CALVIN FRANCIS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner faced trial for allegedly having committed coitus per os (sin of Gomorrah), was found guilty and convicted under section 377 of the Indian Penal Code, 1860 (in short I.P.CT), and sentenced to undergo rigorous imprisonment for a period of two years by the learned Judicial Magistrate, First Class, Bhubaneshwar. The conviction was maintained by the learned Additional Sessions Judge, Bhubaneshwar, while the sentence was reduced to one years rigorous imprisonment.

(2.) Factual position as described by the prosecution is that on 28/7/1987 at about 5 p.m. the petitioner called Swapna (P.W. 1), a girl aged 6 years, who was playing with his daughter, and inserted his genital organ inside her mouth for which she came spitting and narrated the fact before her mother. After return of her father, a school teacher, the incident was narrated to him and First Information Report was lodged at 6.45 p.m., in the police station. The girl and the accused were sent for medical examination and on completion of investigation charge-sheet was submitted and the petitioner faced trial.

(3.) The plea of the accused was complete denial of the accusation.