STATE OF ORISSA Vs. DAYANIDHI NAYAK AND OTHERS

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal dated 29.6.1995 passed by the learned Assistant Sessions Judge, Rayagada in S.C. No. 7 of 1994 (S.C. No. 244 of 1994) acquitting the respondent of the charges under section 376, I.P.C.

(2.) Facts necessary for dismissal of the above appeals run as under :

(3.) The case of the defence is that of complete denial and false implication due to previous dispute with the father of the victim. During trial, prosecution examined in total 16 witnesses. Star witness for the prosecution is the victim P.W. 5. P.W. 6 is the father of the victim whereas P.W. 7 is her mother. Medical Officers have been examined as P.Ws. 1 and 2. Village Sarpanchs have also been examined as P.Ws. 8 and 10 respectively. The Investigating Officers have been finally examined as P.Ws. 15 and 16.