KALANDI CH. BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner was convicted under section 376, I.P.C. and was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/- with a defaulting clause. His appeal against the conviction and sentence ended in dismissal. Hence this revision.

(2.) Prosecution case may be briefly stated. On 13-2-1988 at about 5.30 a.m. P.W. 1 (hereinafter referred to as 'the victim') had gone to the back-side of her house to attend call of nature. It is the allegation of the prosecution that at that moment, the petitioner suddenly appeared on the scene, forcibly lifted her to a nearby bamboo clump and after removing her pant forcibly committed sexual intercourse with her. The victim came back to her house and after taking bath went to her school. In the school, as she was found crying, her classmates P.Ws. 2 and 3 enquired from her the reason for crying. The victim disclosed them about the incident. In the evening P.Ws. 2 and 3 came to her house and narrated the incident to the mother of the victim. F.I.R. was lodged on the next day at about 4.30 p.m. at the police station which is about 20 k.ms from the village.

(3.) Plea of the petitioner was one of denial.