BHAGABAN PATRA AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THE Petitioners have been convicted under Section 376, Indian Penal Code, and sentenced to undergo R.I. for three years and to pay a fine of Rs. 25/ - each in default to undergo further R.I. for one month.

(2.) THE two Petitioners are the forest guards of Titiguda reserve forest in the district of Koraput. It is the case of the prosecution that on 26 -12 -1962, P.W. 2 Subai Kandhuni went to collect fuel in that forest, accompanied by some other women of her village including p.ws. 3 and 4. While all these women were collecting fuel, the two Petitioners appeared at the spot and caught hold of P.W. 2 and committed rape on her one after the other in spite of her protest. Thereafter P.W. 2 came and reported this matter to one Budhu Majhi, a cousin of her husband. A punchayati was held in the village where it was decided to bring this matter to the notice of the police. Accordingly a station diary entry (ext. 1) was made at the Tikari police outpost and later on it was treated as the formal F.I.R. and after investigation the Petitioners were charge -sheeted for an offence under Section 376, Indian Penal Code and committed to the Court of sessions to stand their trial. The defence pleas was one of denial. The case was tried by the learned Assistant Sessions Judge, Koraput -Jeypore who convicted the Petitioners as above. On appeal the learned Sessions Judge upheld the order of conviction and sentence and hence the Petitioners have come up with this revision.

(3.) WITH respect to the first contention out of the number of witnesses examined by the prosecution P.W. 2 is the victim herself. It appears from her evidence that on the date of occurrence, she and her companions, p.ws. 3 and 4 went to collect fuel in the forest. While she was tying the fuels, the two Petitioners appeared at the spot, caught hold of her and laid her on the ground and committed rape on her. She was first raped by Petitioner Bhagaban and then by Biswanath against her will and without her consent. She had then two pieces of cloth on her body, such as M.O. IV a napkin and M.O.V a Gamochha. In course of the struggle one of her glass bangles broke and she sustained some injuries on her back. Her cloth was found stained with blood. She left the axe which she carried with her to the forest and reached home sometime before the sunset and reported this incident to P.W. 6. her husband 's cousin. On the following day this incident was reported at the Tikri outpost in the presence of P.W. 9, Bhagirathi Naik, Naib Sarpanch and P.W. 8 Mundra Majhi a member of the Tikri Punch. Before going to the police station, there was a punchayati in the village where it was decided to lodge information at the police station. The police seized her cloth and she was medically examined by the doctor. P.ws. 3 and 4 corroborate the story of P.W. 2 to the extent that they came together to the forest and that the two forest guards caught hold of P.W. 2 when they out of fear ran away from the place. P.w. 3 informed this matter to P.W. 6. Both p.ws. 3 and 4 have deposed to have seen the Petitioners catching hold of the victim, P.W. 2 and the latter crying out. P.w. 1 is a brother of P.W. 5. It appears that he holds a tea stall near the forest. It is the evidence of P.W. 5 that the accused persons used to come to his shop while they remain on duty in the forest. On the date of occurrence, they also came to the shop and asked him to accompany them. He himself was unable to go and sent his brother Kapu (p.w. 1) in the company of the accused persons. His brother returned before the sun -set and informed him about the occurrence. P.w. l is a boy of 16 years. It is his evidence that he accompanied the Petitioners to the forest. He has stated that he saw five females there. On seing the guards they escaped, but the Petitioners caught hold of P.W. 2, Sabei, and committed rape on her. Sabei was then crying. He saw the occurrence from a distance of about thirty to forty yards. After committing the rape the Petitioners came near the witness after seizing the axes of the females. The victim went away weeping. The axes that were seized were kept under the zimanama of P.W. 5. After departure of the accused persons, he narrated the incident to his brother. It is the evidence of P.W. 6 who was sitting with P.W. 7 that P.W. 2 went to the forest to collect fuels. When he and some others were sitting like that p.ws. 3 and 4 came running and informed them that the forest guards caught hold of Sabei. Then he and some of his companions came to the village to can others with a view to rescue Sabei. But in the Meanwhile Sabei arrived and narrated her story. She was putting on a rag. A punchayati was called on the same night who advised them to file a case against the Petitioners before the police. P.w. 8 is a member of the Tikri Punchayat Samiti and P.W. 9 is the Naib Sarpanch. They have stated how after the occurrence Sabei narrated the incident to the villagers who decided to bring the matter to the notice of the police. Thus, the story of P.W. 2 has been corroborated by the evidence of other witnesses at different stages of the prosecution case. Both the Courts on an analysis of the evidence came to hold that the story of the prosecution about the commission of rape by the two Petitioners on P.W. 2 is quite credible and they accepted the prosecution version as true.