STATE OF ORISSA Vs. JAGADISH PUJARI

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal passed by the learned Assistant Sessions Judge, Rayagade in S.C. No. 312 of 1994 acquitting the respondent of the charge under section 376, IPC.

(2.) The prosecution case is that on 2-5-1994 around 10.00 a.m. the victim (P.W.4) said to be minor then had been to the cultivable land. It is stated that the respondent all of a sudden caught hold of her from behind; made her lie on the ground and raped her. The respondent after commission of rape upon the victim threatened her with dire consequences in case of disclosure of same before others. It is also stated that the victim sustained injuries on different parts of her body. However, out of fear she did not disclose the fact to her parents and so informed to her friend, namely, Kunda keeping in mind that Kunda would inform her parents. But when she ascertained Kunda to have maintained silence, she disclosed the incident before her relation Radha (P.W. 3), who in turn told the same to the parents of the victim.

(3.) The case of the defence is that of complete denial. It is further stated that both are co-villagers and friends, and there was a proposal for their marriage, when parents stood on the way of its materialisation. It is also stated that as there was prior enmity between the two families, this case has been foisted bearing grudge on account of that.