JOGA @ JOGESWAR SETHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and order dated 26.3.2001 passed by the Addl.Sessions Judge, Baripada in S.T. case No.7/78 of 2000 wherein she convicted the accused -appellant for the offence under Section 376(2)(f) I.P.C. and sentenced him to undergo R.I. for four years and to pay a fine of Rs.1000/ - in default to undergo R.I. for 60 days more.

(2.) SUCCINCTLY stated the prosecution case is that on 4.12.1999 at about 2 P.M. while the victim, a minor girl of about 10 years old, had been to a red gram field to mow grass, the accused -appellant aged about 60 years arrived there, laid her down on the ground and committed sexual -intercourse on her against her will and without her consent and in the process caused bleeding injuries on her private part and abrasions on both cheeks. When she returned home, her mother, seeing the blood stained wearing apparels of the alleged victim enquired from her about the cause of such bleeding to which she narrated the entire incident. Since the father of the victim had been to village Uania, as it appears, the mother did not prefer to disclose the incident to anybody nor did she lodge the F.I.R. When father of the victim returned home two days after, at 9 P.M., he heard the incident from his wife and since it was late at night, on the next date he convened a punch in the village which the accused -appellant did not attend despite calling of the gentry. So, on the next date i.e., on 8.12.99 he got the F.I.R. scribed through one Balaram and lodged it before the O.I.C. of Bangiripasi police station on the same date, who registered the case under Section 376(2)(f) I.P.C. and took up investigation. In course of investigation he arrested the accused, forwarded him to Court and after completion of investigation submitted charge sheet for the offence under Section 376(2)(f) of I.P.C. against the accused -appellant. The case having been committed to the Court of Session, it was transferred to the learned Addl. Sessions Judge, Baripada, who heard and disposed it of as stated earlier.

(3.) BEING aggrieved with this order, while in jail, the accused -appellant has preferred this present appeal.