SAHEBA LUHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is another saga of abuse of female class in our male dominated society. The allegations of the prosecutrix were under scrutiny by the learned Additional Sessions Judge, Sambalpur in S.T. No. 243/1 of 1997 which concluded in convicting and sentencing the accused-appellants to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 1,000 (Rupees one thousand) each under Section 376(2)(g), I.P.C. and in default of payment of fine, to undergo rigorous imprisonment for three months more.

(2.) The facts of the case, in brief, are that on 14.4.1997 (Monday), the victim and two daughters of Krushna Chand, namely, Kausla and Kamala, went to village Bhejitikra to enjoy Hanuman Jatra. They stayed in the house of Mahendra Podh, who is no other than the brother-in-law of Kausla, located at Musabenipada in village Bhjejitikra. On Tuesday night while she was sleeping in the thrashing floor (Khala) of the elder father of Mahendra Podh, the appellants lifted her physically to a house and committed rape on her under threat of her life. The appellants Jagdish Bhoi and Saheba Luha turnwise ravished her and as the accused persons heard some knocking sound, they left the place so also the victim-escaped by scaling over the wall of the said house and narrated the incident to Kalyani, Kamalini and Hari. She also disclosed the matter next day to her parents on return to their village Golabandha and thereafter on 17.4.1997 at about 7.00 p.m. the victim lodged the report mentioning the names of appellants at Gunderpur Outpost before the Sub-Inspector of Dhama Police Station. On investigation, the police submitted charge-sheet and trial concluded as indicated above.

(3.) The learned Court below believed the version of the prosecutrix (P.W.4) and the doctor (P.W.1) corroborated by the post-occurrence witnesses (P.Ws 2 and 3) and finally convicted the accused-appellants.