PRAVAT KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 22-12-2010 passed by the learned Ad hoc Additional Sessions Judge, F. T. C, Nayagarh in S. T Case No. 40/117/164 of 2007 convicting the appellant under Section 376(2)(f) of the I. P. C. and sentencing him to undergo R. I. for a period of ten years and to pay a fine of Rs. 10,000/-, in default of payment of fine to undergo R. I. for one year.

(2.) In a nutshell, the prosecution case is that the appellant is a neighbour of the informant and his house situates one house apart from that of the informant and that on 3-5-2007 in the evening at about 6.00 p.m. the accused appellant enticed the informant's young daughter aged about only nine years to his own house and there committed rape on her causing excessive bleeding from her private parts. After coming to know of the incident the informant immediately took his daughter to Ranpur Police Station and lodged F. I. R. and thereafter to Ranpur Hospital for treatment. The police registered a case and during course of investigation issued requisition to the medical officer, examined witnesses, visited the spot, seized some incriminating materials and ultimately submitted charge-sheet against the appellant on completion of investigation.

(3.) The defence plea is a complete denial of the occurrence and involvement of the appellant in the offence. His further plea is that due to previous enmity with the father of the prosecutrix a false case was instituted against him.