BATAKRUSHNA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant in this appeal challenges the Judgment of conviction and order of sentence passed by the Learned Assistant Sessions Judge-cum-CJM, Puri in S.T. Case No-92/185 of 2004 convicting him for commission of offence punishable under Section 376(2)(f) of I.P.C. and sentencing him to undergo rigorous imprisonment for 10 year and to pay fine of Rs. 5000 in default to undergo rigorous imprisonment for one year.

(2.) Prosecution case is that the victim aged about 11 years on 26.08.2003 had gone to the grocery shop of their village and it was then around 9.00 p.m. It is stated that the Appellant was found sitting on the raised platform (Chandani) of the Community house (Kotho Ghara) of the village. He was then alone. When victim was on her way to the grocery shop, the Respondent suddenly appeared, gagged her by means of a napkin (gamuchha) and taking her to the nearby forest, made her lie on the ground underneath a mango tree and committed sexual intercourse; On account of gagging, the victim could not rise any hullah all through. When till 9.30 p.m. the family members did not see the victim returning from the grocery shop, her brother came out in search of her. In course of search by focusing torch light, the Appellant was found to be committing rape upon the victim. Seeing the brother of the victim the Appellant fled away, when he was chased by the brother of the victim though in vain. The victim came to her house & described the incident. So the matter was placed for discussion & consideration of the villagers. As nothing happened, the victim lodged the FIR at Pipili Police Station which necessitated registration of the case followed by commencement of the investigation. In course of investigation, the victim, her brother, mother & other witnesses were examined. Wearing apparels of the victim were seized under proper seizure list. The I.O. then arrested the Appellant. Both the victim & the Appellant were put to medical test. On completion of investigation, charge-sheet being submitted placing the Appellant for trial for commission of offence under Section 376(2)(f) of I.P.C., the Appellant has faced the same.

(3.) The plea of the Appellant is of complete denial and false implication on account of enmity. Prosecution in order to bring home the charge against the Appellant in total examined eleven witnesses & as against that the defence examined none. More importantly, the prosecution proved the FIR Ext-1, school Leaving Certificate of the victim. Ext-2 & the school admission register as Ext-9 besides other documents.