SAHAJAN KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant assails his conviction for the offence under section 376 of the Indian Penal Code and sentence of ten years rigorous imprisonment.

(2.) Prosecution case is, on 4/2/1991 around 4 p.m. the victim girl aged about six years while returning from a shop with grocery articles, the appellant who owned a tailoring shop at Kadarabad road in Balasore town called her inside the shop and stripped her naked and made her sit on his lap and committed rape on her. The mother of the victim girl searching her reached the place and found the girl coming out of the shop of the appellant. On being asked, the girl disclosed the incident. Hearing this, the mother gave out loudly which attracted a gathering. Police being informed reached the spot where the F.I.R. Was lodged. During investigation the victim girl was medically examined and the doctor opined that possibility of rape having been committed could not be ruled out. The appellant pleaded innocence and further pleaded that this was outcome of the rivalry with one Baistrab Choudhury who on account of the enmity during election foisted this false case against him.

(3.) Mr. P.K. Mishra, learned counsel for the appellant, strenuously urged for the acquittal on the ground that the medical evidence totally ruled out the possibility of a rape and, therefore, the finding of the trial court on that score is erroneous, Mr. Mishra also draw the attention of this Court to the evidence on record touching various infirmities in the prosecution case. Miss. C. Kasturi, learned Additional Standing Counsel, on the other hand, supported the judgment of the trial court.