STATE OF ORISSA Vs. BUDHIA

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal dated 21.6.1995 passed by the Learned Assistant Sessions Judge, Talcher in S.T. No. 56(A) of 1994/17 Of 1994 acquitting the Respondent of the charge under Section 376, I.P.C. Facts necessary for disposal of the above appeal run as under:

(2.) During trial, the Respondent has taken a plea of complete denial & false implication. From the side of the prosecution twenty witnesses have been examined when the defence has examined none. Out of the witnesses examined on behalf of the prosecution, the investigating officer has come at last as P.W.20. The doctors examining the victim & the accused are P.Ws.14, 15 & 19. As already stated the victim has been examined as P.W.1 & her friend is P.W.2. Parents of the victim are P.Ws.7 & 16. Besides the above, other witnesses to the seizure have also been examined. That apart more importantly, from the side of the prosecution, the F.I.R. (Ext. 2), medical report Exts.10, 11 & 12 have been admitted in evidence.

(3.) The Trial Court on evaluation of evidence first of all has come to the conclusion that the age of the victim was less than 16 years. However, on examination of the evidence of victim & also her friend in its wisdom has rendered a finding that their evidence are unsafe to be relied upon to fasten guilt upon the Appellant for the offence under Section 376, I.P.C. Accordingly, the incident as projected by the prosecution having been held to have not been proved beyond reasonable doubt, the Respondent has been acquitted of the charge.