LINGRAJ PILLAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant stands convicted by the Assistance Sessions Judge, Pun, for the offences under Sees. 458 and 376, IPC with having committed house breaking during the night of 2.11.1991 and committing rape on PW 8, daughter of.PW 9. He has been sentenced to undergo rigorous imprisonment for ten years on each count with the direction that the same shall run concurrently.

(2.) Prosecution story in brief was that at the relevant time PW 8 and her mother PW 9 were working in the cashewnut factory of PW 5 Bihari Palai in village Khandualpur within Bramhagiri Police Station and residing in the factory premises. On the night of 2.11.1991 they had slept inside their room by closing the door and shutting the same by means of a bamboo. The appellant after scaling over the wall of the factory pushed open the said door and entering their room gaged the mouth of PW 9 and after tying her hands by means of her saree, committed rape on PW 8, the informant.

(3.) Appellant took the plea of denial and contended that the case had been falsely foisted by aforesaid Bihari through his employees because of dispute with him.