KAILASH PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant having been convicted dated 3-4-1998 for commission of offence under Section 376, IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 1,000/- with default stipulation to undergo rigorous imprisonment for three months in S.T. Case No. 47/166 of 1997 by the learned Assistant Sessions Judge, Balasore has preferred this appeal.

(2.) Prosecution case is that in the night of 29/30th of January 1997, the victim a married lady was in her house alone. Around mid night, the appellant who is co-villagers and used to call the victim as Khudi (Aunt) in village courtesy, came and knocked at the door calling the name of victim's husband by name that he was wanted by him. The victim then from inside the house told about the absence of her husband having gone for doing patuli work (final process of separation of chaffed paddy from sheaves,) the appellant asked the victim to open the door and facilitate for lighting a bidi (locally made cigarette in unsophisticated manner). So, the victim (P.W. 9) opened the door. It is stated that the appellant entered into the house and put his muffler (woollen-scarf) on the mouth of the victim, closed the door from inside and showing a knife and thereafter removing the saree, saya and blouse, fulfilled his sexual lust by having the intercourse with the victim against her will. After the above, the respondent left the house giving threatening the victim that in case of disclosure of the same, her husband would be killed. Early morning husband of the victim (P.W. 8) arrived, when victim, P.W. 9 started crying and went on narrating the incident that had taken place the previous night. Thereafter, the confrontation took place between the P.W. 8 and the appellant, when the appellant refuted the allegation. As it usually happens a meeting was held in the village. Since no fruitful decision could be taken, finally the P.W. 8 came to Nilgiri with his wife P.W. 9. They got an FIR drafted by an advocate and in turn submitted it at the Nilgiri Police Station which necessitated registration of the case and that triggered the investigation. During investigation, besides examination of witnesses incriminating materials were seized, sent for chemical examination, victim was medically examined so also the accused. Finally charge-sheet was submitted against the appellant who faced trial in the Court for offence under Section 376, of IPC.

(3.) The plea of the appellant is of complete denial and false implication specifically stating the cause that because of the fact that P.Ws. 8 and 9 were bearing grudge as he did not vacate the encroached land belonging to Government as desired by a relation of P.W. 9.