SUNIL @ JAI SINGH RAUTIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) It is said, "Trust takes years to build, seconds to break and forever to repair."

(2.) The prosecution case as per the First Information Report lodged by one Lalu Kerketta (P.W.1) on 20.1.2006 before Inspector-in-charge, Mahila Police Station, Rourkela is that the informant along with his family members were residing near Jalda in Block 'C'. The informant had three daughters and two sons who were also staying with him. On 14.1.2006 during the morning hours, P.W.1 had been to his duty and at about 11.00 a.m., the appellant who was his neighbour came to his house and took away the victim who is one of the daughters of the informant as well as one of his sons Ramesh who was aged about three and half years in a cycle to watch Makar Festival. In between 12.00 to 12.30 p.m., the children returned back home. On 17.1.2006 the victim stated before her mother regarding feeling pain at the time of passing urine. When the mother of the victim asked her as to why she was limping since last two days, the victim disclosed that on the day when she had been to watch Makar Festival along with the appellant and her brother Ramesh, she was taken near a canal where Ramesh was asked to sit and the appellant took her towards the canal and after opening her pant, she was raped by the appellant. The informant returned from his duties and his wife narrated about the incident at about 10.30 p.m. in the night. The victim got up in the morning and the informant also asked her about the incident. The victim confirmed that she had been raped by the appellant. The informant called his brother-in-law who was staying at Biramitrapur but as he did not come, the informant himself went there to Biramitrapur and narrated everything before his brother-in-law and thereafter the report was lodged at the Police Station.

(3.) The defence plea is one of denial.