STATE OF ORISSA Vs. NILAKANTHA BEHERA

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal dated 5-7-1996 passed by the learned Assistant Sessions Judge, Chatrapur in S.C. No. 56 of 1992/216/1992 G.D.C. acquitting the respondent of the charge under Section 376, IPC.

(2.) Facts necessary for disposal of the above appeal run as under :

(3.) The trial Court on evaluation of evidence of the victim (P.W. 1), her mother (P.W. 2), elder sister (RW. 4), the younger brother (P.W. 6) as well as that of a co-villager came to the conclusion that it was a case of consensual sexual act. For the purpose, the trial Court has highlighted the circumstances emerging out of the evidence of the victim and also the other witnesses. Thus, finally it has been held that the prosecution has failed to prove its case against the respondent by leading clear, cogent and acceptable evidence that it is the respondent who had raped the victim. So the order of acquittal having been recorded, the present appeal has been filed.