MONGARA HARIJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner having been convicted for commission of offences under Sections 451 and 376 of the Penal Code has preferred this revision challenging the order of conviction and sentence.

(2.) The case of the prosecution is that on 24/5/1993 the parents of the victim had been to Nowrangpur Weekly Market in the morning. At about 11.00 A.M. the victim after finishing her meal was taking rest along with her younger brother aged about 1-1/2 years by bolting the entrance door from inside. While the victim was asleep, she felt somebodys hand on her chest and found the petitioner sitting near her and sqeezing her breasts. When the victim protested. the petitioner requested to sleep with him and having realised the intention of the petitioner the victim tried to raise hulla. It is further alleged that the petitioner closed the mouth of the victim by putting his hands, dragged her to the corner of the room and committed rape on her. Though the victim resisted due to pain, she was helpless. It is also alleged that after commission of the act the petitioner left the victim and while he was trying to wear his half-pant and lungi, the victim came out of the room and locked the same from outside and called some co-villagers. She thereafter reported the incident before the co-villagers whereafter the room was opened and the petitioner was found inside the room. Being asked the petitioner confessed before the villagers to have committed the offence and begged excuse. Thereafter, the petitioner was allowed to leave the place and the matter was reported to the parents of the victim after they returned from the market in the evening. Thereafter, the matter was again reported at the police station and investigation was taken up. On completion of investigation charge sheet was submitted for commission of offences under Sections 451 and 376 of the Penal Code. The defence plea is one of complete denial of the occurrence.

(3.) In order to bring home the charges, 13 witnesses were examined on behalf of the prosecution and several documents were exhibited whereas on behalf of the defence only one witness was examined. On consideration of the evidence placed before the Court, the learned Assistant Sessions Judge found the petitioner guilty of the charges and convicted and sentenced him to undergo RI. for a period of seven years for commi-ssion of offence under Section 376 of the Penal Code and imposed a fine of Rs. 1000/- in default to undergo further RI. for a period of four months and also sentenced him to undergo R.I. for a period of six months for commission of offence under Section 451 of the Penal Code and imposed a fine of Rs. 200/-, in default, to undergo further RI. for a period of one month. It was directed that out of the fine amount, Rs. 500/- shall be paid to the victim towards compensation. The judgment and order was challenged in appeal before the learned Sessions Judge. Koraput and the appeal having been dismissed, the present revision has been filed.