STATE OF ORISSA Vs. PADMAN DURIA AND ORS.

JUDGEMENT

(1.) THE State in this appeal has called in question the order of acquittal of the respondent No. 1 passed by learned Sessions Judge, Kalahandi acquitting him of the offence under Section 363/376 of IPC and other respondents of the charge under those sections with the aid of section 109/34 of IPC in S.C. Case No. 27 of 1996.

(2.) ON 10.12.1995 after noon around 4.00 a.m. mother of the victim (P.W. 1) lodged a written report before Khariar Police Station stating therein about the kidnapping of her minor daughter aged about 13 years (P.W. 10) from their house, on 09.12.1995 evening during their absence. It is also stated therein that despite of search, the daughter could not be traced. The prosecution case is that the respondent No. 1 along with other respondents kidnapped the minor daughter of P.W. 1 by gagging her mouth at the point of knife and took her Bhaludungri Forest area. It is stated that there respondent No. 1 was left with the victim girl when others came back. Finally the victim was rescued from the house of P.W. 8. It is stated that the respondent No. 1 had committed rape upon the victim.

(3.) THE respondents took the plea of denial and false implication in view of the long standing ill -feeling between the two groups of the village, between touchables and untouchables. It is stated that in order to harass the respondents who were on the rival camp. P.W. 10 has been set up for the purpose and she has so chosen being a girl of easy virtue.