KURSA PANGI @ KRUSU PANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 18.7.2006 passed by learned Ad hoc Additional Sessions Judge, Jeypore in Criminal Trial No.8 of 2006/C.T. No.30 of 2006 of Sessions Judge convicting the appellant under Section 376 of the Indian Penal Code (for short 'the I.P.C.') and sentencing him to undergo R.I. for ten years and to pay a fine of rupees five thousand in default to undergo further R.I. for two years. It has further been directed that in case of realization of fine, rupees three thousand shall be paid to the victim as compensation.

(2.) ALLEGATION in the case relates to commission of rape by the appellant on victim P.W.1. The appellant happens to be P.W.1's maternal uncle. It is alleged that in the occurrence night when P.W.1 was alone in her house appellant committed forcible sexual intercourse on her. When P.W.1 raised shout, P.W.2, P.W.3 and others came to the spot. P.W.1 narrated regarding the occurrence to them. On return of P.W.1's mother P.W.4 and father, she narrated regarding the occurrence before them also. On the basis of report lodged by P.W.4, case was registered by P.W.7, the Officer -In -Charge of Koraput Town Police Station. In course of investigation witnesses were examined. Victim girl and appellant were medically examined by the doctors P.Ws.5 and 6 respectively. On completion of investigation, charge -sheet was submitted under Section 376 of the I.P.C. against the appellant.

(3.) THE appellant took the plea of denial.