BHUJABAL BAGH AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants faced trial in the Court of learned Assistant Sessions Judge, Nuapada in Sessions Case No. 12/14 of 1999 for offence punishable under section 376(G) Indian Penal Code (appears to have been wrongly mentioned in place of 376(2)(g) Indian Penal Code) for committing gang rape on 'S' (hereafter 'the victim') on 19.11.1998 at about 10.30 a.m. at Loharpali.

(2.) THE prosecution case as per the first information report lodged by Bayaj Nanda (P.W.1) before officer -in -charge, Khariar Police Station is that on 19.11.1998 at about 11.00 a.m. while the informant was ironing dresses in his laundry, at that time his elder brother's wife Satyabati Nanda (P.W.3) rushed to him and intimated that some time ago, the victim had been gang raped by the appellants Nilu Das, Samuel Nag and the servant of Nilu Das. The victim happened to be the daughter of P.W.3 Satyabati Nanda and Sana Nanda, the elder brother of the informant. Hearing about the incident, P.W.1 rushed to the house and found the victim crying. On being asked by the informant, the victim stated that on that day at about 10.00 a.m. while she was proceeding towards Leherapali, the appellants Nilu Das, Samuel Nag and the servant of Nilu Das forcibly lifted her to the house of appellant Nilu Das and made her naked and out of the appellants, appellant Samuel Nag sat on her chest and pressed her on the ground. She further stated that the servant of appellant Nilu Das caught hold of her two legs and thereafter the appellant Nilu Das himself became naked and committed rape on her forcibly. After committing the crime, the appellants left the spot and the victim returned home crying and narrated the incident before her mother. As the condition of the victim became serious, she was taken to Mission Hospital for treatment by her mother and the informant. At the time of lodging FIR, the victim was under treatment.

(3.) AFTER submission of charge -sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellants under section 376(G) of Indian Penal Code on 16.3.1999 and since the appellants refuted that charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.