SRIBATCHA KHAMARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant assails his conviction under sections 363, 366 and 376 (1) of the Indian Penal Code and rigorous sentences of 5 years each under the first two sections while ten years under the latter section and the sentences are to run concurrently, as awarded by the Assistant Sessions Judge-cum C.J.M. Bhawanipatna.

(2.) Prosecution case is, victim Kumari Sashi then aged about 15 years, while sleeping in her house with sister Renuka, in the night of 8.9.1990 about 1.30 a.m. was enticed by the appellant and another Gopilal Bahadur (since acquitted from her village to Kesinga and from Kesinga she was taken to Dharamgarh by bus to the house of brother-in-law of appellant where she was subjected to forcible sexual intercourse against her will by the appellant. The appellant pleaded the prosecution allegations as tendentious.

(3.) Heard Mr. S.K. Mund, learned counsel for the appellant and Mr. G.K. Mohanty, learned Additional Standing Counsel for the State. It is submitted by Mr. Mund that the materials on record disclose that it was a case of consent by the victim girl who is proved to be more than 16 years of age and, therefore, question of rape did not arise. He further submitted that in view of their proved relationship for love, there is no question of appellant forcing the victim to marry. Mr. Mohanty, learned Additional Standing Counsel, however, supported the judgment of the trial court.