BIJOYA KUMAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant from inside the jail has challenged the judgment of conviction recorded against him for commission of offence under section 376 (e), IPC and the order of sentence directing him to undero rigorous imprisonment for 5 years with payment of fine of Rs. 1000/- with default stipulation to undergo rigorous imprisonment of six months.

(2.) Prosecution case as it reveals from the First Information Report (Ext. 1) lodged on 8-6-2004 by P.W. 1 is that on that day around 11 a.m. when the wife of his younger brother was suffering from ailment, one Baidhar Patra (P.W.4), a sorcerer (locally called as Gunia) was called and the appellant accompanied Baidhar to their house to help being one of his companions. The appellant having performed the art of sorcery in his own style (locally known as "jhada phunka" ) upon the wife of the younger brother of the informant, next did so upon wife of P.W. 2 in a separate room. It is stated that appellant then asked all to leave the room and for the purpose closed the door. Thereafter, he asked P.W. 2 to lift her saree to the knee level and sit with her eyes closed, whereafter pressing her mouth, he committed rape upon her. Thereafter, the doors being opened immediately P.W. 1 was given with some mustard seeds to be sprinkled in the other rooms and at that time, the appellant whispered something in the ear of P.W.2 . It is stated that when P.W.1 asked his wife, P. W. 2 about the matter, she disclosed the appellant to have raped her. The appellant was then detained; Ward Member was called so also the village Choukidar and at last F.I.R., Ext. 1 was lodged at the police station.

(3.) The appellant during trial took the plea of complete denial and false implication while specifically stating that as P.W. 1 was to pay him a sum of Rs. 520/- on account of the clothes purchased by him on credit and as that was being asked, the false case has been foisted.