STATE OF ORISSA Vs. DANGARI BHUJA

JUDGEMENT

(1.) The order of acquittal passed by the Assistant Sessions Judge, Gunupur in S.C. No. 14 of 1995 acquitting the respondent of the charge under Section 376/506 of IPC has been called in question in this appeal filed by the State.

(2.) The prosecution case in short is that on 4-1-1995 around 11.00 p.m., the victim had been to the nearby field from her house to attend call of nature. On her way back home, respondent detained her pointing knife and threatened to stab her in case she shouted. It is then stated that the respondent removed her clothes made her lie on the ground whereafter committed rape upon her. The victim lady came back crying and calling the neighbours and informed them about the incident. The villagers in turn on the next morning informed the local Sarpanch who came to the village, when the respondent was absent. Therefore, the information being lodged by the victim at the Police Station, the same led to commencement of investigation after necessary registration of the case. Finally, on conclusion of investigation charge-sheet was submitted against the respondent who faced trial for the above offences, taking the plea of complete denial and false implication in view of the case filed by him against the husband of the victim and grudge being nurtured for the same.

(3.) Prosecution during trial examined 12 witnesses including the victim P.W. 1 and her husband P.W.2, P.Ws. 4 and 5 are the post occurrence witnesses and the Sarpanch is the P.W.6., P.Ws.3 and 9 are the seizure witnesses and P.W. 8 is the Gram Rakhi of Village. The doctor examining th victim has been cited as a witness as P.W. 10. The investigating officer has been examined as P.W. 12 and the scribe of the FIR is P.W. 11.