STATE OF ORISSA Vs. GOPINATH NAYAK

JUDGEMENT

(1.) The State in this appeal under Section 377 of the Code of Criminal Procedure has called in question the inadequacy of the sentence imposed against the respondent by the learned C.J.M.-cum-Assistant Sessions Judge, Jeypore, after recording conviction for commission of offence under Section 376(2)(f), IPC against the respondent.

(2.) Prosecution case is that on 8-10-1995 evening around 6.00 p.m., which was the Kumar Purnima day, the informant (P.W. 1) with Raghunath, Babi, Samal and Surendra were plying cards on the verandah of the house of Raghunath. The victim girl aged about one and half year was then with her father (P.W. 1) where they were playing cards. The respondent a co-villager came there and took the victim from P.W. 1 saying that he would take her to give chocolate. So P.W. 1 left the victim in the custody of the respondent. When after about one hour, they did not return, P.W. 1 went in search of the respondent. Around 9.00 p.m. when the P.W. 1 was absent in his house, the respondent came with victim and left her in the custody of her mother, P.W. 5 when she was talking with her neighbour, namely, Saraswati in front of their house. At that time victim was crying. So, P.W. 5 asked the respondent as regards the reason for the same. But the respondent instead of replying, suddenly ran away. P.W. 5 then noticed blood oozing out of the vagina of the victim and also saw the said area to have been in flamed with the wearing apparels sustained with blood. The victim was immediately taken to the hospital. On arrival, the father of the victim, P.W. 1, lodged the FIR at the police station.

(3.) The S.I. of Police of Sunabeda Police Station, in the absence of the OIC registered the case and took up the investigation. The informant was examined at the hospital and also the requisition was given for examination of the victim. The blood stained cloth of the victim was seized under seizure list, Ext. 2. The blood stained shirt and chadi of the accused were seized under seizure list Ext. 3. All these were sent for chemical examination. The I.O. after examination of the other witnesses closed the investigation and finally submitted the charge-sheet. That is how the respondent faced the trial being charged for commission of offence under Section 376(2)(f), IPC.