DEVI PRASAD SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal the appellant having been convicted for the offence under Section 376 2(f) of the Indian Penal Code and sentenced to undergo R.I. for five years and to pay a fine of Rs.3,000/- in default to undergo R.I. for six months has assailed the conviction and sentence.

(2.) The case of the prosecution in short is that on 5.4.2010 at about 5.00 P.M. Smt. Puspanjali Sahu was sitting on the outer Varandah of her house situated in village Bandhapali under Barpali Police Station. The victim aged about three years is her minor daughter who was playing in the front ward of that house. It is alleged that accused came there and took the minor daughter to play with her. He carried her to a lonely place situated at a short distance from that house and forcibly committed rape on that minor girl under a tamarind tree. The victim started screaming and having heard it, the informant rushed to the spot and upon arrival of the informant the accused fled away.

(3.) The plea of the defence is of complete denial and false implication.