LAWS(ORI)-2006-11-1

STATE OF ORISSA Vs. MINA MAHANANDIA

Decided On November 02, 2006
STATE OF ORISSA Appellant
V/S
MINA MAHANANDIA Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8-5-1989 passed by the learned Sessions Judge, Sundargarh in Sessions Trial No. 143 of 1988 acquitting the respondent of the charge under Sections 457 and 376, I. P. C.

(2.) The case of the prosecution is that on 8-8-1988 mid night while the informant, in absence of her husband, was sleeping with her son aged about 17 years and unmarried daughter Sahebani aged about 14 years in a room of her house after closing the door from inside by putting a 'khidiki' (a crossbar), the accused-respondent entered inside the room and committed sexual intercourse on her by raising her wearing clothes. When she raised hullah by catching hold of the accused-respondent, her son (PW 6) got up, raised hullah and caught hold of the accused-respondent, who was trying to escape. Hearing such shout, younger brother of the informant's husband (PW 7) came. Thereafter, in presence of the witnesses accused- respondent was given to the custody of the Grama Rakhi, but later on he fled away from his custody. On 14-8-1988 the informant lodged FIR before the O. I. C., Lephripara P. S. whereafter law was set into motion. Ultimately, after completion of investigation charge-sheet was laid against the accused- respondent under Sections 457 and 376, I. P. C.

(3.) The plea of the accused-respondent was complete denial of the allegation. His specific case was that he had not entered inside the house of the informant and since there was some land dispute between him and the witnesses, this false case has been instituted against him: