BHABAGRAHI SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal, filed by the appellants under Sec. 374 of the Code of Criminal Procedure, is directed against the judgment and order dtd. 6/2/1996 passed by the learned Assistant Sessions Judge, Boudh, in S.T. No. 1 of 1995 (arising out of S.T. No. 113 of 1994 of Phulbani District Court). By the impugned judgment, the learned Trial Court convicted the accused-appellant No.1 for the offences punishable under Ss. 376/511, 457, and 397 of the Indian Penal Code. The appellant No.1 was sentenced to undergo rigorous imprisonment for seven years for the offence under Sec. 376/511 IPC and to pay a fine of Rs.1,000.00, in default whereof to undergo simple imprisonment for six months. For the offence under Sec. 457 IPC, he was further sentenced to seven years' rigorous imprisonment and a fine of Rs.1,000.00, in default to undergo simple imprisonment for six months. For the offence under Sec. 397 IPC, the appellant No.1 was sentenced to eight years' imprisonment and a fine of Rs.1,000.00, in default to undergo simple imprisonment for six months. The accused-appellant No.2 was sentenced to undergo R.I. for a period of seven years and to pay a fine of Rs.1,000.00 (Rupees one thousand), in default, to undergo S.I. for a period of six months for the offence under Sec. 457 of the IPC. The Trial Court directed that all the sentences shall run concurrently against accused appellant No.1.

(2.) Heard Ms. Chetna Prakash, learned counsel appearing for the appellants and Mrs. Sarita Moharana, learned Additional Standing Counsel appearing for the State.

(3.) On 7/4/1994, at about 10:00 P.M., while P.W.1 Pramila Behera was inside her house at Kalikpodi-Godhipada along with a minor girl, P.W.7 Kumari Rita Samal (aged about 9 years), the accused persons flashed a torchlight towards her house. P.W.1 raised alarm, whereupon the accused persons fled away.