ANANDA PALEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) A girl aged ten years of village Pedagadi in the district of Mayurbhanj suffered from ignominy being raped by the accused -appellant on 27.5.1997 in the afternoon at about 1 P.M. On the above allegation, the trial commenced against the appellant and one Sashi Patra (since acquitted) and ended in conviction under Section 376(2) (f) of the Indian Penal Code (in short, "I.P.C.") passed by the learned Asst. Sessions Judge, Udala in S.T. Case No.15/17 of 1997, wherein he was sentenced to undergo R.I. for ten years under Section 376 (2) (f), I.P.C. and to pay a fine of Rs.20,000/ -, in default, to undergo further R.I. for a period of two years, which has been challenged in this appeal.

(2.) IN short, the factual aspect of the case is that the father of the victim, namely, Anjan Kumar Naik was suffering from colic pain and approached the accused -appellant to be cured by sorcery who had come to his village Pedagadi. Pursuant to the request of the informant (father of the victim), appellant performed sorcery (Puja) in the house of the victim in presence of the other accused Sashi Patra (since acquitted). During the course of the Puja, the wife of the informant and the victim girl were also there. The appellant called the minor girl to come inside the room, closed the door and committed rape on her on the pretext of performing Puja. During the course of the sexual assault, the other accused Sashi Patra was standing outside the room. After some time, the girl came out and conveyed her trauma to her mother. The incident was reported before the O.I.C., Kaptipada who was available in the village in connection with some other case and prior to that, the accused had confessed his guilt before the villagers. The prosecution examined as many as 18 witnesses before the Court below. The learned Court below, while acquitting the other accused Sashi Patra, convicted the accused -appellant and punished him as indicated above relying on the evidence of P.Ws.1, 2, 3, 11 and 18 without accepting the denial pleas of the accused -appellant.

(3.) BEFORE delving into the submissions, I may place it on record that tribal people of Mayurbhanj district fanatically believe in sorcery and taking advantage of the same, several persons are exploiting them.