STATE OF ORISSA Vs. PURNA CHANDRA BARIK

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal dated 14.3.1995 passed by the learned Assistant Sessions Judge, Anandapur in S.T. Case No. 26/133 of 1994 arising out of G.R. Case No. 161 of 1994 acquitting the respondents of the charge under sections 376 (2)(g), I.P.C.

(2.) Facts necessary for disposal of the above appeal run as under: On 30.06.1994 morning the victim had been to the house of one Arjuna Kar of their village being engaged as a labourer in the marriage ceremony of his daughter. After finishing the work, she was returning home and it was around 11 P.M. that on the way accused Basanti and Kula wrongfully restrained her and she was dragged to the residential house of accused Basanti. It is stated that they tied her hands by rope and covered her face by means of a piece of cloth. The respondents, who were already in that room by then, committed rape upon the victim, one after the other by removing her undergarments. After the incident those two lady accused persons untied the victim, who came out. The respondents are said to have been identified with the electric light while they were away from the room. The victim was then left on the way by accused Basanti and Kula. The victim in the night slept at home without informing her parents. On the following day around 4 P.M., the step mother of the victim noticed her to be limping and on her query the victim remained reluctant to tell anything. But when she removed her undergarments and saw the stains of blood, the victim had no other way but to disclose the incident. The mother conveyed the same to father of the victim and then in turn it was told to the village member, who convened a meeting in the village on that day where those lady accused persons were called and confessed their guilt further attributing the respondents to have committed rape upon the victim. As no decision could be taken in the meeting, on the following day, i.e., on 02.07.1994 during noon hours the victim and her parents orally reported the matter to the A.S.I. of the Sainkul Outpost who reduced the version to writing making necessary entry in the station diary book. Immediately investigation was taken up, sending the extract of the station diary entry to Ramachandrapur Police Station for registration of the regular case. In view of that P.S. Case No. 30 of 1994 being registered, the A.S.I. continued with the investigation as before.

(3.) In course of investigation, the victim, her step mother, father and other witnesses were examined. The victim was also sent for medical examination. Her wearing apparels being seized, those with the wearing apparels of the respondents were sent for chemical examination. Finally, charge-sheet being submitted, the respondents faced the trial for the offences as stated above. The plea of the defence is that of complete denial and false implication.