SHYAMA SUNDAR KABAT Vs. STATE

JUDGEMENT

(1.) The appellant having been convicted for commission of offence u/S. 376 of the Penal Code and sentenced to R.I. for seven years and pay fine of Rs. 1,000.00 has preferred this appeal against the judgment and order of conviction and sentence dated 4-7-94 passed by learned Assistant Sessions Judge, Jeypore.

(2.) The prosecution case is that in the morning of 29th of March, 1993 at about 6.30 a.m. while the victim girl (P.W. 3) and her sister (P.W. 4) were going to the Village river for taking bath, the accused suddenly appeared and requested P.W. 3 for sexual favour. When P.W. 3.denied, she was dragged by the accused towards a bush where the accused laid her on the ground and committed rape on her. It is further alleged that the accused threatened the victim girl not to disclose the incident to anybody failing which she would be killed. It is also alleged that P.W. 4 sister of P.W. 3 (the victim girl) ran away from the spot towards her house. The victim girl after commission of the sexual assault took bath in the river and after returning to her house reported the incident to her mother and thereafter went to the house of the Sarpanch and reported the incident to P.Ws. 2, 6 and others who advised her to report in the Police Station. Accordingly, she lodged the FIR in the Police Station.

(3.) After investigation charge-sheet was submitted for commission of offence u/S. 376 of the Penal Code. During trial the victim girl, her sister and 6 other witnesses were examined on behalf of the prosecution whereas defence did not examine any witness. The learned Assistant Sessions Judge, Jeypore accepted the evidence of the victim girl (P.W. 3) and on the basis of the statement of the victim girl convicted the appellant for commission of offence u/S. 376 of the Penal Code.