DUDUGU HEMBRAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal has been preferred challenging an order of conviction and sentence passed by the learned Additional Sessions Judge, Baripada in S.T. Case No-9/80 of 2000.

(2.) Prosecution case in short is that on 19.12.1999 evening victim girl, aged about 10 years (P.W.10) had gone to their paddy field when the appellant forcibly kidnapped her from there. It is stated that the appellant took her to the nearby Sabai grass field and made her lie on the ground and forcibly committed sexual intercourse by removing her 'Chadi pant' and after lifting the skrit. It is also the case of the prosecution that appellant then took P.W.10 to his house, kept her confined till 21.12.1999 and had also raped her during the period on two occasions. On 20.12.1999 the mother (P.W.2) and uncle of the victim (P.W.4) had been to the house of the appellant at village Kasipur. The appellant then being asked denied his knowledge about the whereabouts of the victim. During then he is stated to have given threat to take away their life by using bow and arrows. P.W.2 thereafter through her brother-in-law, Ramachandra Hembrum presented a report at Baripada(S) P.S which necessitated the registration of a case followed by commencement of investigation.

(3.) During trial the appellant banked upon the plea of complete denial by specifically taking a plea that the victim P.W.10 is more than 20 years of age and she being in love with him had voluntarily gone to his house following him after being assaulted by her mother and uncle and thereafter it is also the case of the appellant that they had married according to their caste and custom. Thus, it is said that the case been falsely foisted against him to harass him.