GURU CHARAN MOHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant from inside the jail has preferred this appeal challenging the judgment of conviction and order of sentence passed by the learned Sessions Judge, Mayurbhanj, Baripada in G.R. Case No. 100/99 (T.C. No. 40/99) convicting him for offence under section 376(I), I.P.C. and sentencing him to undergo rigorous imprisonment for a period of seven years. Prosecution case is that on 16.03.1999 the victim was suffering from fever and she in the absence of her husband at home went to the Anganbadi centre of their village where medicines were being distributed. The victim did not find the lady Anganbadi worker in-charge of that centre but her husband, the appellant, was found to be there. When the victim asked for medicines, the appellant called her inside and gave the medicines with instruction about its intake. It is stated that at that time she caught hold the hands of the victim, dragged her and then closed the door of the room from inside. The victim was then carrying her baby who being snatched away by the appellant was made to sit on the floor. It is stated that thereafter the appellant committed sexual intercourse upon the victim forcibly.

(2.) The defence plea is one of complete denial. In the statement the appellant has stated that as he declined to give illegal subscription as per the demand of the villagers, this case has been foisted against him.

(3.) The trial court on examination of evidence and upon their evaluation has found the appellant guilty for commission of offence under section 376, I.P.C. and accordingly he has been convicted and sentenced.