STATE OF ORISSA Vs. BENUDHAR BISWAL

JUDGEMENT

(1.) Being aggrieved by the order of acquittal passed by the learned Additional Sessions Judge, Sambalpur in S.T. Case No. 188 of 1994 acquitting the respondent of the charge under Section 376 and 454 IPC this appeal has been filed by the State.

(2.) Case of the prosecution in short is that on 23.2.1994 during noon hours when the parents of the victim were absent in the house and had gone to do their work living the victim alone, the respondent finding it to be the opportune moment, entered into the house and dragged the victim to a nearby dilapidated house. It is alleged that there he committed sexual intercourse upon her. It is further stated that after committing the rape, he left the victim there and the victim came to the house in a crying condition. When, her mother came for lunch, she was told about the incident. The victim girl expressed the incident by signs and gestures as she was not able to speak. The mother of the victim then went to the house of a neighbour and there the respondent was present. The respondent was challenged by the mother of the victim about the said act but he went on to deny the same. So, the mother of the victim brought the victim girl to her husband working at a distance and thereafter the matter was reported at Rengali Police Out Post which necessitated registration of a case against the respondent. On completion of investigation charge sheet was submitted, placing the respondent for trial in the Court of law for the aforesaid offences.

(3.) During trial the prosecution examined six witnesses out of whom P.W.1 is the father of the victim when P.W.2 is the mother. The victim girl in the case has been examined as P.W.5, P.W.3 and 4 are the doctors who had examined the respondent and the victim girl respectively. P.W.6 is the Investigating Officer. The defence during trial has not adduced any evidence and has taken the plea of complete denial and innocence.