SANTOSH BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order of conviction and sentence passed by the learned Asst Sessions Judge, Padampur in S.T. No. 26 of 2004/C.T.No. 26/6 of 2004. The learned Asst. Sessions Judge in the impugned judgment and order of conviction and sentence held the appellant guilty of the charge under Section 376 of the Indian Penal Code (for short "IPC") and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000 and in default to undergo simple imprisonment for one year more.

(2.) Prosecution had placed before the trial Court a case that on 24.3.2003 at noon time, when the victim, aged about fourteen years PW1) had been to her threshing floor to untie their bullocks tied there, the appellant came and caught hold of her and dragged her towards a heap of straw there and committed forcible sexual intercourse on her, for which she sustained bleeding injury on her private part. The victim then came to her house and reported the matter before her parents and as she had sustained bleeding injuries, she was taken to Paikmal Government Hospital and thereafter, the father of the victim reported the matter in writing (Ex. 2) at Jharbandh Police Station in the district of Bargarh on the next day. Police had investigated the case and found substance in the report, Ex. 2 and submitted charge-sheet against the appellant.

(3.) The trial Court placing reliance on such allegation of prosecution supported by the materials collected during investigation, framed charge for the aforesaid offence against the appellant and as he denied the charge, he was asked to face the trial.