MUKUNDA PARICHHA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant challenges the judgment dtd. 9/3/2015 passed by learned Addl. Sessions Judge, Parlakhemundi, Gajapati in S.T. No.54/2012 whereby he was convicted for the offence under Sec. 376 and 506(ii) of I.P.C. and sentenced to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs.20,000.00, in default to undergo further Rigorous Imprisonment for one year for the offence under Sec. 376 I.P.C. and Rigorous Imprisonment for three years and to pay fine of Rs.5,000.00, in default to undergo Rigorous Imprisonment for further six months for the offence under Sec. 506(ii) I.P.C. Both the sentences have been directed to run concurrently.

(2.) The prosecution case, in brief, is that on 13/7/2012 when the victim, who was a minor girl aged about 13 years, was preparing to go to School at about 8 A.M., the accused came to her house and informed that he had been directed by Naxals to call her to the forest. When the victim asked the reason, she was told that the Naxals would cut her throat if she did not obey. Thus, the victim being frightened accompanied the accused to the nearby forest at the end of the village where no one was present. Accused informed the victim that he would save her from the clutches of the Naxals in exchange for having sex with him, which was opposed by her. The accused however, put her on the ground forcibly and committed rape. The victim was further threatened that he would cut her throat if she disclosed the occurrence before any person. On 12/9/2012 there was a gathering of about 500 people for discussion regarding a letter of threat issued by Naxals to the Sarpanch of the Panchayat. In that meeting the accused admitted to have raped the victim despite her protest. As such on 13/9/2012, the informant lodged a written complaint before the Adava P.S. basing on which P.S. Case No.30/2012 was registered corresponding to G.R. Case No.148/2012 of the Court of learned J.M.F.C., R.Udayagiri. Upon completion of investigation charge sheet was submitted under Ss. 376/506 of I.P.C. and cognizance was taken and the case was committed to the Court of Session for trial.

(3.) The defence took the plea of denial and false implication.