AHIRAJ SAHA Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed challenging the order of conviction and sentence dated 7-11-1998 passed by the Additional Sessions Judge, Balasore in S. T. No. 47/216 of 1996 sentencing each of the appellants to undergo R. I. for ten years and to pay a fine of Rs. 25,000.00, in default to undergo R. I. for one year under S. 376(2)(g) IPC; R.I. for fifteen days under S. 341 IPC; and R. I. for six months and to pay a fine of Rs.2,000.00, in default to undergo R. I. for one month more under S. 379 IPC, with direction that the sentences of imprisonment would run concurrently.

(2.) The criminal action was set in motion on the basis of an FIR filed by one Bholanath Panigrahi (PW-9), father of the victim minor girl Nirmala (PW8), alleging that on 5-5-1996 Nirmal was returning from her maternal uncle's house in village Saraswatipur and she got down from bus at a place called Anji Chhak. Thereafter she proceeded towards village Bajana. While she was on Sahaspur road, the two appellants enquired from her about her destination and then suggested that she should go to her village through a field which would be that short-cut route to reach her village. On being instructed, it is alleged, PW8 walked through the said field. After Nirmala covered a distance of one kilometre, she was confronted by the two appellants who came on a bicycle. Appellant No.2 Arman tied a napkin on the face of Nirmala, as a result of which she could not shout and showed a knife threatening her to kill. She was then bodily carried by the two appellants to a nearby KIA bush. There Appellant No.1 Ahiraj caught hold of the hands of Nirmala and appellant No.2 Arman undressing himself committed sexual intercourse with her. Thereafter appellant No.2 Arman caught hold of the hands of PW8 and appellant No.1 Ahiraj committed sexual intercourse with her. After committing rape, it was alleged that the appellants took away Rs. 520.00 from PW. 8 brought by her from her maternal uncle, a pair of silver PAUNJI and a pair of gold earring and fled away towards Sahaspura village on their bicycle. After the incident, PW8 came to Jagata Bajana road crying all the way. There she met one Gobardhan Panigrahi (PW6), a co-villager. She called him and hearing her shout, PW6 got down from his bicycle. PW8 narrated the entire incident to PW6 crying all the while. At that time, a boy named Mahiuddin (PW11) arrived there. Then one Babulal Patra, another co-villager also arrived there. Mahiuddin (PW11) disclosed that he knew the two appellants who had committed the alleged crime and disclosed their names. PWs 6 and 11 thereafter took P.W.8 to her house she narrated the incident to her mother. At the relevant time, her father was absent in the house having gone on Election duty. Information being given, the maternal uncle of PW8 came to the village of PW8 and the incident was disclosed to him. He advised to wait till arrival of the father of the victim girl. PW9, father of the victim girl, returned from the Election duty to home on 8-5-1996 and after hearing the entire incident he lodged a written report at the police station. Police, after necessary investigation and medical examination of the victim girl filed charge sheet against the appellants.

(3.) In order to substantiate its case against the appellants, prosecution examined as many as thirteen witnesses, of whom PW1 was the Judicial Magistrate who had conducted the Test Identification parade of the suspects; PW2 was a Police constable who was a witness to seizure of a Chadi and a half pant from the possession of appellant Ahiraj and appellant Arman respectively, marked M.O. I and M.O.II; PW 3 was the maternal uncle of the victim girl; PW4 was the lady doctor who had examined the victim girl on police requisition; PW5 was another doctor who had examined the appellants; PW6 was a post occurrence witness before whom the victim girl had narrated the incident; PW7 was the doctor who had conducted the ossification test of the victim girl to determine her age; PW 8 was the victim girl herself; PW 9 was the father of the victim girl (informant); PW 10 was the mother of the victim girl (PW8); PWs 11 and 12 were the post occurrence witnesses; and PW 13 was the Investigating Officer.