BADA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The judgment passed by learned Sessions Judge, Mayurbhanj, Baripada on 28/8/1993 in S.T. Case No. 94 of 1992 is under challenge in the present appeal. The appeal was originally filed by three persons, namely, Ramei Majhi, Bada Majhi and Rengta Majhi. Ramei Majhi and Rengta Majhi having died during pendency of the appeal, the case against them has abated and therefore, the appeal is confined only to Bada Majhi. As per the aforementioned judgment, the appellant and other accused persons were convicted for the offences under Ss. 451/354/34 of IPC and sentenced to undergo R.I. for two years on each count with both sentences directed to run concurrently.

(2.) Prosecution case, briefly stated, is that on 28/2/1992 at about 4 p.m., the prosecutrix and her husband and other villagers had congregated at a place where handia drinking ceremony of the village was going on. The prosecutrix left the place after sometime and came home to take some curry. While she was alone in her house, five persons including the present accused entered, gagged her mouth, laid her on the ground and co-accused, Ramei and Birdhan forcefully committed sexual intercourse with her one after the other, while the other accused persons held her firmly. One Phula Majhi arrived at the spot at that time but she was chased away by the accused persons. She informed Chhotrai Majhi, the husband of the prosecutrix, who rushed to the spot with Phula but by then the accused persons had already left the place. The prosecutrix narrated the entire incident before her husband and Phula and on the next day, she went to the Police Station and lodged a written report. This led to registration of Rairangpur Rural P.S. Case No. 32(13) dtd. 28/2/1992 under Ss. 448/376(2)(g)/34 of IPC followed by investigation. Upon completion of investigation, charge sheet was submitted against five persons including the present accused.

(3.) The plea of the accused is of denial and of false implication on the ground that they had refused to give more handia to Chhotrai, who then abused them and fought with Ramai. The prosecutrix and Phula also assaulted Ramai, due to which some injuries were caused to Chhotrai and Phula.