STATE OF ORISSA Vs. UMESH KHANDA

JUDGEMENT

(1.) ORDER of acquittal passed on 30th September, 1989 by learned Assistant Sessions Judge, Sundargarh in Sessions Trial Case No. 4/7 of 1989 is under challenge.

(2.) ACCUSED faced his trial for the offence under Section 376, I.P.C. on the allegation that on 30th August, 1988 in morning hours at about 6.00 A.M., when the victim girl had gone to ease on an open field locally known as 'Amguda', the accused, a co -villager, met her and sought her consent for cohabitation and when she refused, he lifted her to a distance and committed rape on her. According to the prosecution, soon after the occurrence of rape, the victim girl (P.W.1) reported the fact to Budhuram (P.W.9), who was working in a nearby field and that he escorted her to her house. On reaching her house, P.W.1 narrated the incident to her parents, then police was intimated and she was examined by the lady doctor (P.W.4) in District Headquarters Hospital at Sundergarh. When the lady doctor (P.W.4) examined the victim girl on the date of occurrence, but recorded the finding of no sign of rape or violence on her private part or body. Not being satisfied with that report, on police requisition P.W.1 was further examined on 3.9.1988 by P.W.5, Asst. Professor in the Department of Forensic Medicine, Burla Medical College. P.W.6, Assistant Surgeon of Talpatia P.H.C., examined the accused on 5.9.1988 on police requisition and found no sign of recent sexual intercourse but the accused being capable of sexual intercourse.

(3.) UNDER the circumstances, this Court finds no reason to interfere with the impugned judgment. Accordingly, the Government Appeal is dismissed.