STATE OF ORISSA Vs. MANORANJAN MONDAL

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal dated 07.06.1996 passed by the learned Assistant Sessions Judge, Malkangiri in S.C. No. 40 of 1995 acquitting the respondent of the charge under Section 376/511 IPC.

(2.) Prosecution case is that on 13.06.1996 around 4.00 pm, victim was returning from jungle after collecting "TOLA" and her younger sister was also coming with her. When they were coming on the road in the jungle, the respondent appeared. It is alleged that he forcibly took her further inside dragging her and then made her lie on the ground squeezed her breasts and went for penetrative assault. It is next stated that as one Koya old lady arrived there, the respondent fled away. The victim returned home and divulged the incident before her father and mother on being asked when she remained in sobbing condition. F.I.R. being lodged at the police station, IIC, M.V. 79 P.S., the case was registered and thus the investigation commenced. In course of investigation, statement of victim and other witnesses were recorded; both victim and respondent were medically examined on police requisition. On completion of investigation, charge-sheet having been submitted for offence under Section 376/511 of IPC, the respondent finally faced the trial.

(3.) Plea of defence is that of denial and false implication at the behest of the mother of the victim due to prior land dispute between them.