STATE OF ODISHA Vs. PRANABANDHU MISHRA

JUDGEMENT

(1.) BEING aggrieved by the order of acquittal passed by the learned Assistant Sessions Judge, Bargarh in S.T. Case No. 163/17 of 1935 acquitting the respondent of the charge under section 376 I.P.C., this appeal has been filed by the State. Case of the prosecution in short is that on 17.11.1994, when the victim was alone in her house during evening hours as other inmates of the house had gone to attend a festival, the respondent entered there and forcibly committed sexual inter -course upon her. This fact was disclosed by the victim two months thereafter before the family members for which on 19.01.1995 a meeting was convened in the village by the brother of the victim where the respondent is said to have confessed his guilt but refused to submit the same in writing despite of the demand of the members of the Panchayat. So, finally, FIR was lodged against the respondent and the case was registered. After completion of investigation charge -sheet was submitted placing the respondent to be tried in the court of law.

(2.) DURING trial, the prosecution examined 15 witnesses when the defence has examined one. The victim has been examined as P.W. 1. P.Ws. 2 and 6 are her brother's wife, P.W. 3 and 4 are her brothers and the Medical Officers have been examined as P.W. 12, 13 and 14 P.W. 5 to 11 are the witnesses to the seizures, whereas P.W. 7 to 9 are the persons who had attended the meeting convened after the matter was disclosed by the victim. A Primary School teacher has also been examined in this case as P.W. 10. The Investigating Officer has been examined at last as P.W. 15.

(3.) THE trial court after analysis of evidence let in by the prosecution has come to a conclusion that there was consent of the victim in such sexual intercourse and it was never a forcibly one. In order to arrive at such finding, he has derived much support from the factum of non -discloser of incident for a period of two months and other circumstances.