BIJAYA KUMAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The accused-appellant has been convicted under section 376 Indian Penal Code by the Additional Sessions Judge, Koraput, Jeypore, and has been sentenced to undergo rigorous imprisonment for five years. The case against him, as alleged by the prosecution, is as follows: The victim girl (P.W. 1) accompanied by two other girls (P.Ws. 2 and 3) of her village had been to village Deula to witness Nacha (opera) after taking night meal. After seeing the opera, they were returning to their village at about 1.00 a.m. It is alleged that the appellant along with two others, namely, Misra Harijan and Sasmu Harijan, who were hiding themselves under Khadiamunda bridge, came out. The appellant caught hold of P.W. 1 and his two companions caught hold of the other two girls and took them forcibly by dragging to the nearby field. The appellant removed the wearing apparels of the victim girl and committed rape on her: The other two also raped the other girls (P.Ws. 2 and 3). The three girls raised a cry. On hearing such cry four persons of village Deula came to the spot. Seeing them the appellant and his companions ran away. The three girls were naked at that time. Seeing the persons, they covered their body. P.W. 1 alongwith her companions went to village Deula and took shelter in the house of Bandhu Harijan (P.W. 10) in that night. Next morning they returned to their village and narrated about the incident before their parents. Subsequently, the matter was reported to the police. During investigation of the case started on the report of Hira Domuni (P.W. 2), the 1.0. (P.W. 11) lodged report in the present case on his own information and investigated into the case. On completion of investigation. Charge-sheet was submitted against the accused-appellant.

(2.) The defence is one of complete denial.

(3.) Prosecution examined as many as eleven witnesses. P.W. 1 is the victim girl and P.Ws. 2 and 3 are the two girls who were accompanying her, P.Ws. 4 and 5 are the far hers of P.Ws. 2 and 3 respectively, P.W. 7 is the Lady Doctor who examined P.W. 1. P.W. 8 is the Doctor who examined the appellant, P.W. 9 is the Radiologist who conducted ossification test of P.W. 1, P.W. 10 is the person in whose house the girls had taken shelter in the night of occurrence and P.W. 11 is the 1.0. The teamed Judge accepted the evidence of P. Ws. 1 to 3 and convicted and sentenced the appellant as mentioned earlier.