STATE OF ORISSA Vs. PARAMESWAR GIRI

JUDGEMENT

(1.) The State has called in question the order of acquittal dated 27.09.1995 passed by the learned Asst. Sessions Judge, Rairangpur in S.T. Case No. 02 of 1995 acquitting the respondent of the charge under Section 376 of IPC.

(2.) Prosecution case in short is that on 09.11.1993, the prosecutrix had been to the house of the respondent for husking paddy. At about 7 pm she was returning. It is then stated that the respondent was hiding his presence behind one 'Simba' tree and finding the prosecutrix atone respondent caught hold of her, dragged her by gagging. In that way, he took her through a narrow passage near mango tree. It is further stated that giving threat her to kill in case she raised hutlah, he made her lie on the ground and lifting her wearing saree and saya upto waist level, squeezed her breasts and committed sexual intercourse against her will. It is the further case of the prosecution that while leaving, the respondent threatened the prosecutrix not to disclose the same to anyone. After the incident, the prosecutrix on being questioned by her sister-in-law about the reasons of her crying she maintained silence because of the threat perception.

(3.) The said complaint in turn was forwarded under Section 156(3) of the Code of Criminal Procedure to the police for, investigation and finally charge-sheet being submitted, the respondent faced the trial for commission of offence under Section 376 of IPC.