STATE OF ORISSA Vs. GOVINDA RAO

JUDGEMENT

(1.) In this appeal, the State has called in question, the order of acquittal passed by the learned Asst. Sessions Judge, Bhawanipatna in Sessions Case No. 9/5 of 1995 acquitting the respondent of the charges under Section 366 & 376 of IPC for kidnapping the victim girl and committing rape upon her.

(2.) Case of the prosecution in short is that on 31.10.1994 around 9 p.m. the complainant's daughter aged about 13 years had gone to take bath in the pond and then the respondent forcibly took his daughter from the place by tying and closing her mouth took her a nearby 'Donger' and committed rape upon her. Search being made, the fact came to light and then on being asked the daughter of the informant narrated the incident in detail. Finally the matter was reported by the complainant at Keshinga Police Station, which necessitated the registration of the case and commencement investigation. On completion of investigation the charge-sheet having been submitted placing the respondent to be tried in the Court of law, the respondent faced the trial.

(3.) The defence case is one of complete denial.