STATE OF ORISSA Vs. MELEKA LUKU

JUDGEMENT

(1.) STATE is in appeal against the order of acquittal of the Respondent recorded by Learned Asst. Sessions Judge, Jeypore in Sessions Case No. 13 of 1990.

(2.) THE facts leading to the present appeal can be narrated summarily as follows: On 26.11.1989 at about 8.00 P.M. while the victim was moving towards Kumijhola Nala of village -Kutrabeda, the Respondent caught hold of her and threatening at the point of a knife, dragged her to some distance and committed sexual intercourse with her against her will. After the sexual intercourse the Respondent left the spot and the victim girl went to the Nala, washed the mud from her body and clothes, returned home weeping and narrated the incident to her family members. The father of the victim girl convened Panch on 28; 11.1989 and in front of that Panchayati the victim girl alleged that the Respondent committed rape on her and the Respondent also confessed to have done so. The matter was then reported in Narayana Patna Police Station on 29.11.1989 vide F.I.R. Ext. 1 and the police authorities investigated into the case. On completion of investigation accused was charge -sheeted under Section 376, I.P.C. and was tried in the above noted Sessions Case. The plea of the Respondent was one of the complete denial and false implication.

(3.) MR . Mishra, Learned Standing Counsel appearing on behalf of the Appellant -State submits that the conclusion with regard to the age of the victim girl and her consent is neither in accordance with the materials on record nor in tune with the settled principle of law. To support his contention, Mr. Mishra cited the cases of Bharwada Bhoginbhai Hirjibhai v. State of Gujarat : 1983CriLJ1096 ; Visveswaran v. State Rep. By S.D.M 2003 (3) Supreme 566 and State of Orissa v. Purnachandra Sadangi 60 (1995) CLT 236. He also places the relevant portion of the statement given by P.Ws. 1 and 8.