ASHOK DIGAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is in challenge of the judgment of conviction and sentence dated 29.6.2009 passed by the learned Ad -hoc Additional Sessions Judge, Fast Track Court No. I, Phulbani in Sessions Trial Case No. 28/12 of 2009 (corresponding to G.R. Case No. 510 of 2008 in the court of S.D.J.M., Phulbani). The Appellant has been convicted for the offence punishable under Sec. 376, I.P.C. and sentenced to undergo R.I. for 10 years with fine of Rs. 20,000/ -, in default, R.I. for six months.

(2.) It is the prosecution case that the Appellant kept physical relationship with the victim, who was below 16 years of age and out of such relationship the victim became pregnant. In the 7th month of that pregnancy the victim disclosed to her parents about her plight and when the illicit relationship came to light the matter was reported to the police.

(3.) During the trial, 11 witnesses were examined. Out of them P.W. 2 is the victim; P.Ws. 1 and 8 are victim's parents; P.Ws. 3 and 4 are the teaching staff of the school whereof the victim was a student; P.W. 9 is the scribe of the F.I.R.; P.W. 5 and 11 are doctors, who examined the Appellant and the victim, respectively; P.W. 6 is a co -villager of the parties; P.W. 7 is a witness to seizure of the Appellant's wearing apparels; and P.W. 10 is the investigation officer.