STATE OF ORISSA Vs. RADHAKANTA BEHERA

JUDGEMENT

(1.) The State has called in question the order of acquittal passed by the learned Assistant Sessions Judge-cum-Civil Judge(S.D.), Balasore in Sessions Trial No.21/82 of 1993 acquitting the respondent the charge under section 376(I), I.P.C.

(2.) The short case of the prosecution is that the victim P.W.7 was working as a maid servant in the house of the respondent and used to stay in the house. It is alleged that five months prior to the lodging of the F.I.R. one night the respondent came near her, squeezed her breasts and committed sexual intercourse against her will and consent. It is also stated that when the victim protested, the respondent then had assured that he would marry her and keep her as his wife. It is also alleged that in the same way on three different occasion, the respondent enjoyed the victim sexually. In this way when she became pregnant, the respondent was requested by her for marriage and it is stated that the respondent then instead of instantly backing out of his assurance, went on deferring the matter every time. Since like this, four months elapsed, the victim could well guess the respondent's mind of cheating that the promise was only to fulfil his sexual lust. So, she informed the matter to her parents. A village meeting was convened where the respondent although is said to have confessed the guilt as also the author of such pregnancy caused to the victim, did not agree for marriage. Therefore, on 10.03.1992 F.I.R was lodged which led to the registration of the case and commencement of investigation. Finally on completion of investigation, charge-sheet was placed against the respondent for being tried in the court of law for the above offence.

(3.) The defence took the plea of complete denial and false implication in view of the land dispute existing between him and the victim's father and also his enmity with other villagers.