SANATAN JENA @ TERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal has been preferred by the convict challenging that judgment of conviction and sentence passed by the Assistant Sessions Judge, Jajpur in S.T. Case No. 676 of 2001. By the impugned judgment, the appellant has been convicted for commission of offence under Section 376(2)(f) of I.P.C. and has been sentenced to undergo rigorous imprisonment for period of 10 years with fine of Rs. 1,000/ - (Rupees one thousand) in default to undergo rigorous imprisonment of six months.

(2.) THE fact of the case of the prosecution is that on 29.01.2001 around 6.00 p.m., the victim girl (P.W. 2) who is the minor daughter of the informant (P.W. 4) aged about 7 years had been to see the performance of Puja of Godess Saraswati near their house. It is stated that the appellant at that point of time called her to nearby Aturi (forest), removed her chadi, and having raped her, left the place leaving her there. The informant, father of the victim receiving information about the said incident with her minor daughter, proceeded to the Jajpur Police Station and lodged the information in writing under Ext. 3. This necessitated the registration of case and commencement of investigation thereof.

(3.) DURING trial, the appellant took the plea of innocence and false implication on account of prior dispute. The prosecution in order to establish, the charge when examined 10 witnesses, the appellant despite being given the opportunity has examined none.