SAJRAT KUMAR ROUT @ KALIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant from inside the jail has called in question the judgment of conviction passed by the learned ad hoc Additional District and Sessions Judge, Jajpur in S. T. Case No. 15/49 of 2007 convicting the appellant for offence under section 376 (2) (f) I.P.C. and the order of sentence of rigorous imprisonment for a period of ten years with fine of Rs. 5,000.00 with default stipulation for undergoing rigorous imprisonment for further period of one year extending the usual benefit of set off under section 428 of the Code of Criminal Procedure.

(2.) Prosecution case is that on 8.8.2006 at 2.30 p.m. the brother in law of the informant had come to the house at village Jokadia under Jajpur Road Police Station in an Indica Car bearing Registration No. OR-05-S-7375. It is further stated that he had brought some fruits and sweets since it was of Gahma Purnima day. Seeing the car parked in front of the house of the informant, the nice and the nephew of the informant aged about six years and four years respectively, went near the vehicle out of curiosity as it usually remains with the children. It is next alleged that no sooner did the niece and the nephew request for a ride in the car, the appellant who was on the driver seat allowed them to sit in the car and drove away.

(3.) In the trial, the prosecution in order to bring home the charge has examined 21 witnesses and proved the F.I.R. report of the Test Identification Parade as well as reports of the doctors, seizure lists, chemical examiner report etc. The appellant having taken the plea of denial in the trial, examined himself in his defence.