BASUDEV PUJARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY the impugned judgment and order passed by learned Additional Sessions Judge, Jeypore in Crl. Trial No.42 of 2005 (Crl. Trial No.127 of 2005 of the Sessions Judge, Jeypore) the appellants stand convicted under Section 376(2)(g) of the I.P.C. for having committed gang rape on informant-victim P.W.5. Each of the appellants has been sentenced to undergo R.I. for ten years and to pay a fine of Rs.5,000/- (Rupees five thousands) in default to undergo R.I. for two years. It has also been directed that out of the fine amount, if realized, a sum of Rs.5,000/- (Rupees five thousands) shall be paid to P.W.5 by way of compensation.

(2.) PROSECUTION case in brief is as follows:

(3.) IN order to establish the charge, prosecution examined eleven witnesses. P.Ws.1, 4, 5, 6, 9, 10 and 11 have already been introduced in course of narration of the prosecution case. Of them, P.W.1 turned hostile. P.W.2 is a witness to seizure of broken bangles from the spot and other articles. P.W.3 is the cousin brother and P.W.7 is the brother of P.W.5 before whom P.W.5 narrated the occurrence. P.W.8 is a police Havildar who assisted the investigating officer P.W.11 with the investigation. Prosecution also placed reliance on the documents marked Exts.1 to 20. No defence evidence, oral or documentary, was adduced.