NABIN CHANDRA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against judgment passed by the learned Sessions Judge, Balasore -Bhadrak in Sessions Trial No.206 of 1997 wherein the appellant was convicted and sentenced for offence u/s 376 (1) of the I.P.C.

(2.) PROSECUTION case shortly stated is that on 8.5.1997 at about 8 P.M. in the night when the victim lady was sitting on the front verandah of her house at village -Daldali, the appellant taking advantage of the lonely surrounding suddenly pounced upon the victim lady, gagged her mouth and committed sexual intercourse with her forcibly. Hearing the groaning sound of the victim lady her brother -in -law P.W.5 came to the spot, saw the incident and caught hold of the appellant. Then some other persons of the village arrived, detained the appellant and called the police constable. The victim lady then lodged report basing on which investigation was conducted and the appellant was charge sheeted u/s. 376 (1), IPC. The appellant took the plea of denial and false implication due to his ill feeling with the husband of the victim lady since the Grama Panchayat election.

(3.) CONSIDERING the evidence on record learned Sessions Judge convicted the appellant u/s. 376 (1) of the I.P.C. and sentenced him to under go R.I. for 7 years and also to pay a fine of Rs.12,000/ - in default to undergo S.I. for a period of six months. The appellant has challenged the said conviction and sentence in this appeal.