STATE OF ORISSA Vs. SANJAY KUMAR PRADHAN

JUDGEMENT

(1.) Being aggrieved by the order of acquittal passed by the learned Sessions Judge, Sundergarh in S.T case No. 168 of 1994, finding the respondent not guilty of the charge under Section 376 IPC, this appeal has been filed by the State.

(2.) The case of the prosecution is that on 08.04.1994, around 3.00 P.M., the prosecutrix, (P.W.1) had gone to the hillock to see the buffaloes grazing there. On her way back, she met the respondent who asked her about the visit and then followed her. It is alleged that while following suddenly he embraced, made her lie on the land of one Hare Krushna near a sal tree, pulled her saya, saree and then ravished her. It is further stated that the victim when raised cry as 'Maa Maa', hearing the same, the victim's brother, mother and sister came running to the spot. The respondent seeing the brother of the victim fled away from the place leaving the victim. The matter being reported to the villagers, a meeting was convened and it was held in the house of an advocate on 09.04.1994. Thereafter on 10.04.1994, the victim with her sister went to Lahunipada P.S and reported the matter. On the basis of the same, IIC of the said police station having registered the case took up investigation and on completion of the same placed charge sheet against the respondent for facing trial for commission of offence under Section 376, IPC. During trial the respondent took the plea of complete denial and false implication because of his dispute with P.W.3, the brother of the victim.

(3.) The prosecution in order to bring home the charge against the respondent during trial, has examined altogether 10 witnesses. P.W.1 is the victim. P. Ws. 3 and 4 are her brother and sister respectively. The doctor who had examined P.W.1 has been cited as P.W.2. P.W.7 is the scribe of a document (Ext.A) who is said to have prepared the same in the house of the advocate in the village, said advocate has been examined as P.W.8. The scribe of the F.I.R is P.W.9 whereas the I.O has been examined at the end as P.W.10.