BIJAYA KERKETTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) All these three appeals are being disposed of by this common judgment since the appellants being aggrieved with the order of conviction and the sentences imposed on them for the offence under Section 376 (2)(g) of the Indian Penal Code (for short the 'I.P.C.') and also for the offence under Section 506 of the I.P.C. by the learned Assistant Sessions Judge-cum-Additional Chief Judicial Magistrate, Rourkela in S.T. Case No.290-4 of 2003-2004 have challenged the same by filing separate appeals.

(2.) The case of the prosecution is that when the husband of the victim lady Rajkumar Mahakuda was imprisoned for 8 years, the present victim took shelter in the house of her father-in-law Bhuban Mahakuda in village Bandhukadera. It is alleged that on 19-10-2002 the victim (P.W.2) on her way to her village stayed in the house of one Gurupada Das at Lathikata Railway Colony. It is alleged that on 20-10-2002 around 9.00 p.m. when P.W. 2 had gone to a shop for purchasing "Khaini" there she met the three appellants and of them appellant Abhimanyu who was related to the victim lady told her that she was wanted by her brother-in-law (Diara) Satrughna Mahakud (P.W.3) and told her to proceed to the house of the said Satrughna Mahakud. The victim lady believing the words of the appellant Abhimanyu proceeded to village Karlakhaman where her 'Diara' Satrughna Mahakud was staying, being accompanied by the three appellants. It is further alleged that around 10 'O' Clock in the night in a lonely place of village Karlakhaman under a 'Mahula' tree the appellants forcibly made the victim woman to lie on the ground facing upward and then one after the other sexually ravished her. When the victim woman shouted she was threatened to be murdered with a stone by the appellants. After fulfilling their lust when the appellants escaped from the spot, the victim returned back to the house with difficulties. On the next day morning the victim reported the matter to her 'Dedhasura' Hapua Mahakud (P.W.I) and 'Diara' Satrughna Mahakud (P.W. 3) and in their company the victim proceeded to Lathikata Police Station and lodged the report orally which was reduced into writing by P.W. 9, Madan Mohan Mallick the O.I.C. of the said Lathikata Police Station. On receipt of the F.I.R. Ext.10 police took up investigation and on completion of the investigation placed the charge-sheet against the appellants to face their trial.

(3.) During trial the plea of the appellants was that they have been falsely implicated in this case.