SUSHIL BARIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present Criminal Revision filed under Sec. 401 read with Sec. 397 Cr.P.C. is directed against the judgment and order dtd. 22/11/2011 passed by the learned Additional Sessions Judge, Champua in Criminal Appeal No.33/40 of 2009, whereby the judgment of conviction and order of sentence dtd. 8/6/2009 passed by the learned Asst. Sessions Judge, Champua in S.T. Case No.48/149 of 2006 has been confirmed.

(2.) The prosecution case in brief is that on 22/3/2006 afternoon, the victim was taking rest on a cot, and her nephew Surendra Kabat and niece Susmita Naik were inside the house. The outside door was closed. Meanwhile, the accused Sushil Barik entered into the house and asked the victim, who administered poison in his tank. When the victim replied, how could she say that? Then the accused gave her two kick blows. One Harihar Naik had accompanied the accused. When he objected to the conduct, the accused asked him to leave the house. The accused asked the nephew and niece sleeping there to go out from the house. Thereafter, the accused bolted the door from inside and threw the victim on the cot and tore her saree, blouse and forcibly committed rape on her. At that time, the father of the accused was shouting from outside. Hearing his shout, the accused came out and threw away his father on the ground and left the place saying he will keep the victim as his wife. When the brother-in-law of the victim Harihar Naik came, the victim narrated the incident to him. To settle the dispute, there was a meeting in the village, but the accused did not come.

(3.) On the basis of such allegation, the F.I.R. was registered as Baria P.S. Case No.13 of 2006 for the offence under Ss. 452/323/376 of I.P.C. against the petitioner. During course of investigation, the Investigating Officer examined the victim and other witnesses, seized the clothes of the victim and sent the victim for medical examination. The I.O. arrested the accused and sent him for medical examination and then forwarded the accused to the Court. The I.O. sent all the seized articles to the S.F.S.L., Rasulgarh, Bhubaneswar for examination. After completion of investigation, charge-sheet was filed against the accused person for the offences punishable under Ss. 452/323/376 of I.P.C.