BUDU DOMB Vs. STATE OF ORISSA

JUDGEMENT

(1.) Order of conviction and sentence passed by learned Addl. Sessions Judge, Koraput-Jeypore, Camp at Nowrangpur, dated 22-4-1989 in S.C. No. 24 of 1989/(S.C. No. 146/87) convicting appellant No. 1-accused Budu Domb @ Harijan under Section 376 of the IPC and appellant No. 2-accused Mahadev Harijan under Section 376 read with Section 109 of the IPC and sentencing them each to undergo R.I. for five years is under challenge in this Criminal Appeal.

(2.) The prosecution case is that on 23-5- 1987 morning Lokinath Harijan, the husband of the victim lady (P. W. l)had gone to village Ambadola and her father-in-law had been to the forest and the victim was alone in the house at village Dongiriguda under Nowrangpur Police Station jurisdiction of undivided Koraput District. The victim lady after taking bath was lighting fire to cook food and at this moment both the accused came to her house and asked for fire. Accused Mahadev stood at the entrance of the house and accused Budu entered inside the house on the plea of taking fire from her and after entering the house he shut the door from inside and when the victim challenged and protested as to why he entered inside the house in the absence of her husband, accused-Budu caught hold of her hands, made her lie on the ground in spite of her protest and shouts, squeezed her breasts, removed her clothes making her naked and thereafter raising both her legs ravished her sexually in spite of her protest. During physical protest when the victim lady turned around the semen stained her thighs, which she wiped out, and the accused stood up and she also stood up and shouted and cried. By this time the witnesses Dhobi Harijan and Tian Harijan (P. Ws. 3 & 4) came over to her house but accused Mahadev Harijan who was standing outside the house obstructed their way and assaulted them. Accused Budu also Joined him and assaulted them stating as to why they disturbed him while he was enjoying the lady. The victim also came out half-naked and narrated about the sexual ravishment by accused- Budu and thereafter both the accused person fled away. After the husband of the victim came, a Panchayat was convened but the accused persons did not attend the Panchayat and thereafter oral report was lodged in Nowrangpur Police Station on the very same day at 6.30 p.m. which was reduced to writing by the Officer-in-charge and after the same was read over she put her L.T.I. She also produced the wearing apparels, a piece of loin cloth and some broken pieces of glass bangles which was seized by the Police. The investigation commenced, the victim as well as accused-Budu were sent for medical examination and after completion of investigation the police submitted charge-sheet against both the accused persons and accused-Budu Domb alias Harijan was charged under S. 376, I. P. C. and the accused-Mahadev Harijan under Section 376 read with Section 109,1. P. C., and both of them in addition to that, charged under Section 323 read with Section 34, I. P. C. and as they pleaded not guilty and claimed trial, the trial commenced.

(3.) The plea of both the accused persons is one of complete denial.