PRATAP SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is directed against a judgment and order, passed by both the Courts below convicting the petitioner for commission of offence Under Section 376 of the Indian Penal Code and sentencing him to undergo imprisonment for 7 years and pay fine of Rs. 4,000/ -.

(2.) THE case of the prosecution is that on the date prior to the lodging of F.I.R. at about 7 A.M. while the prosecutrix was sweeping the front courtyard of her elder father, Nabei Sahu, the petitioner who is a co -villager came near her. Prior to that date, the petitioner had proposed to marry the prosecutrix on several occasions. On the date of occurrence when the petitioner came near her, she tried to enter inside the house of her elder father out of fear but the petitioner is alleged to have forcibly embraced her and lifted her inside the house of her elder father. It is further alleged that the petitioner made her naked, gagged her mouth by putting his hand undressed himself and forcibly committed rape on her. While trying to go away from the spot after commission of the offence, the prosecutrix followed him to his house and cried there and disclosed about the incident; The petitioner and his father assured her to accept her as petitioner's wife but the mother of the petitioner did not agree and threatened to assault the prosecutrix. Thereafter, she raised hue and cry and hearing the same, the villagers gathered at the spot and the prosecutrix narrated the incident before the villagers. The petitioner is also alleged to have made extra judicial confession of his guilt in presence of the said witnesses. On the same day at about 4 P.M., a meeting was convened. Though the father of the petitioner attended the meeting, the petitioner did not come. The prosecutrix sat in front of the house of the petitioner and decided not to leave the place unless the petitioner marries her. It is alleged that the uncle of the petitioner namely, Kisori forcibly drove her out of the house and ultimately on 10.5.1997, the incident was reported at Angul Police Station. The case was investigated into and charge sheet was submitted for commission of offence Under Section 376 of the Penal Code and the petitioner faced the trial. The plea of the petitioner is one of complete denial of the occurrence. The further plea of the petitioner is that father of the prosecutrix had given the proposal for marriage of the prosecutrix with the petitioner and when the father of the petitioner did not agree to the proposal, this false case has been started against him.

(3.) CHALLENGING the order of conviction and sentence the petitioner filed an appeal which was heard by the learned Addl. Sessions Judge, Angul. The appeal was also dismissed on similar findings giving rise to the present revision.