BALIA ALIAS BALARAM BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the above two appeals, appellants Balaram and his son Bhagirath assail their condition under Section 376(2)(g) of the Indian Penal Code, and sentence of rigorous imprisonment for five years and ten years respectively.

(2.) Prosecution case is, on 17-l1-1989 about 5 p.m. the prosecutrix (P.W.1) an unmarried girl aged 22 years reached the village of appellants and demanded Rs. 600/from appellant Balaram which the latter was obliged to repay. Since he did not pay the amount, there was altercation between the two. When night fell appellant Balaram asked her to stay in his house and take money in the morning. The prosecutrix slept on a cot in the passage room of the appellants. In the night about 10 . p.m. it was alleged that she was raped by the appellants and three other unknown persons of that village in succession She sustained injuries on her neck diest and breast. She could not report the matter during the night hours, but in the next morning about 9 a.m. on 18-ll-1989 she reported the matter at Nimapara Police Station. She was sent to Puri for medical examination at 4 p.m. At Puri she could not be medically examined on that day but on the next day at 10 a.m. she was medically examined. The doctor with reference to the injuries on her person opined that rape could not have been ruled out.

(3.) The appellants in their defence denied the prosecution allegation but stated that on 18-11-1989 in the morning, P.W. I came to their house and complained before appellant Balaram that during the preceding night she was raped by some one and sought for his help. Since appellant Balaram expressed his inability to do anything the matter, it was alleged that, this false case was lodged against them.