NITYANANDA SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The above noted appeals arise out of two judgments passed in Sessions Case No. 7 of 1993 and 9 of 1993. It may be stated here that both the appellants were arraigned together in G.R. Case No. 240 of 1991 on the file of J.M.F.C., Khaollikote initiated for offence under Section 376/34, IPC. The case having been committed to the Court of Session finally came to be tried by the learned Asst. Sessions, Judge, Chatrapur. Both the appellants together faced the charge and the trial thus commenced. During trial, at the stage of recording of their statements after closure of prosecution evidence, the appellant Surya absconded for which the case was split up against him at that stage of trial and it got concluded in respect of appellant Nityananda. After conclusion of the trial as against appellant Nityananda, he having been convicted for offence under Section 376, IPC and sentenced to rigorous imprisonment for 10 years and to pay fine of Rs. 1000/- in default to undergo rigorous imprisonment for six months, has preferred the appeal No. 45 of 1996.

(2.) The factual matrix of the case is as under :

(3.) On 9-7-1991, the victim during early morning hours had gone to answer the call of nature. On the way, appellant Nityananda came and suddenly chucked a lump of sands on her eyes resulting her immediate fall being blurred of vision resultanting pain. He then gagged her immediately; threatened whereafter committed sexual intercourse upon her against her will. At this time, appellant Surya who was at a little distance came near and the allegations stand that he also committed rape upon the victim. After this incident, the victim remained tight lipped for quite sometime and only when she fell ill, it came to light that she was by then having a child of five months in her womb. On query, she divulged the shocking incident to her parents. So a meeting in the village was convened wherein appellant Surya appeared and confessed to have committed rape upon her after appellant Nityananda. However, said meeting finally turned as an exercise in futility.