BASIL LAKRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal has been preferred by the appellant, who has been convicted under section 376(2)(f), I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 10,000/-, in default to undergo R.I. for six months by the Ad hoc Addl. Sessions Judge, Fast Track Court, Rourkela in S.T. Case No. 164/31/03. The prosecution case as revealed from the F.I.R. is that Jasmita Lakra (P.W. 3) was playing with her friends on 10.8.2002 at about 2.00 P.M. in the house of one Sunil. she came crying to her house at about 2.30 P.M. and informed her father Isdor Lakra (P.W. 1) and her mother Dorathy Lakra (P.W. 5) that while she was playing with the children of Sunil, Basil Lakra (accused-appellant) called her to his house and put her on his cot, removed her under garment and put his private part in her private part. Having suffered pain, when she cried, she was set free. Her parents, P.Ws. 1 and 5 also found marks of blood on the undergarment of Jasmita so also in her private part. P.W. 1, Isdor Lakra, father of the victim girl reported the incident to the police station on the very same day i.e. on 10.8.2002 by lodging an F.I.R. (Ext. 1). On receipt of the same, police registered the case, caused investigation and filed charge-sheet against the accused appellant for commission of offence under Section 376(2)(f), IPC.

(2.) Plea of the accused-appellant is a complete denial. His further plea is that Jasmita, the victim girl, came to his house and asked him to have sexual intercourse with her, which he declined. Again she came to his house, bolted the door and insisted him to commit sexual intercourse with her, but he denied.

(3.) To bring home the charge, prosecution has examined six witnesses whereas none has been examined on behalf of the defence.