PITAMBAR NAHAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Learned Assistant Sessions Judge, Chatrapur in Sessions Case No. 25 of 1994 wherein the Appellant has been convicted for offence under Section 376 of the I.P,C. and sentenced to undergo rigorous imprisonment for a period of ten years.

(2.) PROSECUTION case in nutshell, is that, on 7th September, 1993 at about 11 A.M. while the prosecutrix, who is a deaf and dumb girl, was performing weeding operation in their land at village Sahapur alone, the Appellant came near her on the pretext of asking for some gudakhu and taking advantage of the lonely situation, suddenly caught hold of her, threw her on the muddy land, removed her clothes and performed sexual intercourse with her by force despite her resistance. Immediately after the occurrence, the victim girl came weeping and narrated the incident to her mother through signs and gestures. The mother of the victim girl called some villagers, who brought Appellant, interrogated him and after being satisfied about the genuineness of the allegations, advised the mother of the victim girl to inform the police about the incident. Accordingly, the mother of the victim girl went to Purusottampur Police Station and lodged the report, Basing on that report, a case was registered, investigation was conducted and charge -sheet was submitted under Section 376, Indian Penal Code. The Appellant denied the allegations made against him and took the plea that false case has been created against him by the family of the victim girl due to previous enmity.

(3.) MRS . Bharati Das, Learned Counsel appearing for the Appellant submits that the prosecutrix is a deaf and dumb girl and the interpreter was also not very sure about some of the gestures she made and so much reliance should not have been placed on her evidence. She further submits that when some of the P. Ws. did not support the statement of the victim girl and the medical reports were also supportive to the allegation of rape, conviction under Section 376, Indian Penal Code recorded by the Trial Court was not legal and proper. According to her even if the entire evidence of the prosecution is accepted as true only a case under Section 354, Indian Penal Code is made out and for that reason, the conviction and sentence under Section 376, Indian Penal Code recorded against the Appellant should be set aside.