AJAMILLA BERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has assailed the judgment of conviction and order of sentence dtd. 16/11/2002, passed by the learned Additional Sessions Judge, Balasore in S.T. Case No.50/112 of 2000, arising out of G.R. Case No.170 of 1998, corresponding to Singla P.S. Case No.14 of 1998, pending on the file of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Balasore. By the impugned judgment of conviction and order of sentence, the Appellant as the sole accused faced the trial for commission of offence under Sec. 457 and 376 of the Indian Penal Code, 1860 (for short, 'the IPC') and he has been sentenced to undergo rigorous imprisonment for two (2) years and pay fine of Rs.500.00 with the default stipulation to undergo rigorous imprisonment for three months for the offence under Sec. 457 of the IPC and undergo rigorous imprisonment for eight (8) years and fine of Rs.1000.00 in default to undergo rigorous imprisonment for six months for the offence under Sec. 376 of the IPC.

(2.) Prosecution case is that the victim (Informant-P.W.6) and the accused are the residents of one village having their houses nearby. The husband of the victim during a period of 10 years before the incident was unheard of. The victim (Informant- P.W.6) was residing with her minor daughter, mother-in-law and nephew (P.W.2). It is alleged that on 27/28/1/1998 midnight when the victim (Informant-P.W.1) was sleeping in her house, someone entered into the dwelling house by pushing the door. The victim (Informant- P.W.6) when woke up, she could identify that it was the accused, who had trespassed into her house. The identification was made with the help of the light of the lamp burning in the said house. It is further stated that the accused then suddenly embraced her (Informant-P.W.6) and making her naked committed rape upon her. It is also stated that the accused gagged the victim (Informant-P.W.6) by her wearing apparels and after discharge of semen left the place. The victim (Informant-P.W.6) finding nobody by her side, waited till arrival of her mother-in-law. On the next morning when the mother-in-law of the victim (Informant-P.W.6) arrived, she narrated the entire incident before her, who then called the villagers such as P.W.1, P.W.4 and P.W.7 to her house. Before them the victim (Informant-P.W.6) again narrated the incident and at that time, the accused had already gone inside the sea to catch the fish. So the co-villages of the victim (Informant-P.W.6) assured the victim that they would look into the matter after arrival of the accused. On 3/2/1998 evening, the accused returned home. The villagers then called a meeting and in that meeting the accused having remained present, admitted to have committed the offence upon the victim (Informant-P.W.6). He (accused) then requested the villagers to settle the matter. However, the villagers asked the victim (Informant-P.W.6) to report the matter at the police station.

(3.) On 6/2/1998 around 10 a.m. a report being lodged by the victim (Informant-P.W.6) with the Officer-in-Charge (OIC), Singla Police Station (P.W.8), the same was reduced into writing and being treated as F.I.R. (Ext.3), case was registered. Finally on completion of investigation, the Final Form was submitted placing the accused to face the trial for commission of offence under Sec. 457/376 of the IPC. The case being then committed, the trial ultimately came to be concluded in the Court of learned Additional Sessions Judge.