KHAIRU KISSAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) ACCUSED -appellant has preferred this appeal against the judgment of the Learned C.J.M. -cum -Assistnat Sessions Judge, Jharsuguda convicting him under Section 376(2)(f) of the IPC and directing him to undergo RI for ten yeas in Criminal Trial No. 90/8 of 2002/S.T. No. 246/17 of 2002.

(2.) ON the date of occurrence, Le., 16.10.2001, at about 7 P.M., the parents (P.Ws. 7 and 10) who were in search of their minor daughter aged about five years for feeding her could hear her crying from their front door neighbour Gula Kissna's house. They entered inside the house of Gula Kissan through the front door and found the accused -appellant -Khairu Kissan, son of Gula Kissan, committing rape on their minor daughter in their Bari side. The appellant took to his heels to whom the father of the victim could not reach in spite of his effort. They found the girl crying in pain. They also found her bleeding from her private part. They went to the Ward Member -Ashok Pradhan (P.W. 1) who wrote a report and the same was presented at the police station next morning. Investigation and trial commenced culminating in the result as indicated above.

(3.) LEARNED Counsel of the appellant has assailed the judgment of the Court below on the grounds of non -examination of the victim and inconclusive findings of the CE report (Ext. 11) and prays to set aside the judgment. On the other hand, the Learned Additional Standing Counsel while supporting the judgment of the Learned Court below submitted that the conviction can be very well based even without examination of the victim in case the other evidence found on record are cogent and trustworthy.