STATE OF ORISSA Vs. LAXMIDHAR NAIK AND ORS.

JUDGEMENT

(1.) THIS appeal, at the instance of the State, is directed against the judgment of acquittal dated 26.07.1996 recorded by the learned Special Judge, Keonjhar in Trial Case No. 34 of 1994.

(2.) THE occurrence happened on 25.06.1994 (Saturday) at about 10 P.M. in the night near the U.P. School of Village -Tuntuna under Champua Police Station in the district of Keonjhar.

(3.) ON instruction of P.W. 4, the victim along with P.W. 3 and her younger sister went to Champua Police Station and orally reported the matter before the O.I.C. (P.W. 13), who registered the case and took up the investigation. In course of investigation, the victim was medically examined on Police requisition by Dr. Soudamini Dhal (P.W. 8) and Dr. Basanti Mohapatra (P.W. 9). They gave the medical report negativing the factum of ravishment of the victim. Thereafter, the victim was sent to the S.C.B. Medical College & Hospital, Cuttack for her further examination by the Department of Forensic Medicine & Toxicology. Dr. Suniti Acharya (P.W. 10) examined the victim and gave her report vide Ext. 12. Jitendra Kumar Naik (accused -respondent No. 8) was medically examined on Police requisition by P.W. 7 during the investigation. Similarly, Chaga @ Chagala @ Aswini Kumar Naik (accused -respondent No. 7) was medically examined during the investigation by the Medical Officer (P.W. 11). The wearing inner garment ("Chadi") of the victim was seized by the Investigating Officer during the investigation in presence of P.W. 12. In course of investigation, P.W. 13 handed over the charge of investigation to the Circle Inspector of Police, Champua (not examined). He, on completion of investigation, submitted the charge sheet against the accused respondents implicating them in the offences as narrated in para -1 of the impugned judgment.