HARIHAR PADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant in this appeal has called in question the judgment of conviction dated 27.03.2010 passed by the learned Assistant Sessions Judge, Sonepur in S.C. No. 03/3 of 2009 holding him guilty for commission of offence under section 450/376 of IPC, followed by the order of sentence, whereby he has been directed to undergo rigorous imprisonment for a period of 8 years with payment of fine of Rs.10,000.00 in default to suffer rigorous imprisonment for one year for the offence under section 376 of Penal Code and to undergo rigorous imprisonment for a period of five years with payment of fine of Rs. 5,000.00 with default stipulation to suffer rigorous imprisonment for one year for offence under section 450 of Penal Code with usual direction of set off under section 468 of Crimial P.C. along with the stipulation that the substantive sentences would run concurrently and for payment of the realized fine if any to the victim girl as a measure of compensation under section 357 of the Code of Criminal Procedure.

(2.) Prosecution case is that the victim girl with her family members while were residing in their house in village Judhisthirpur, on 17.09.2008 night around 11.00 pm some sound was heard by the mother of the victim, so she got up. She found the appellant entering into the room of the victim. Suspecting that the said entry of the appellant to the room was with an evil intention, she bolted the door from outside and ran to her brother's house. Mother of the victim then called her brother and they both came to the house. They asked the appellant as to why he had entered into the room during this odd hour of night. The appellant then expressed his desire that he would marry the victim. The appellant remained confined in that room till sun rise. In the morning, the victim being asked told that the appellant promising her to marry, had sexual intercourse in the night as also on previous occasions. Ultimately, on 18.09.2008 at about 1.00 pm maternal uncle of the victim lodged the F.I.R. Ext. 4 at the concerned police station which necessitated the registration of the case against the appellant for alleged commission of offence under section 450/376 of IPC. The investigation commenced. In course of investigation, the informant, victim and others were examined and their statements were recorded. The investigating officer also got the victim girl as well as the appellant medically examined and proceeded to seize their wearing apparels. The school admission register of the victim girl and other materials were seized. The appellant was then arrested and forwarded to the court. Finally, on completion of investigation, charge-sheet was submitted against the appellant to face the trial for alleged commission of offence under section 450/376 of IPC. Learned Assistant Sessions Judge has found the appellant guilty for the offences as stated above and sentenced him as aforesaid holding the prosecution to have proved its case beyond reasonable doubt while finding the denial plea taken by the appellant as unacceptable.

(3.) It may be stated that during trial, the prosecution has examined the victim, P.W. 1, the maternal uncle of the victim as P.W. 3 and mother of the victim as P.W. 5. P.W. 2 and 4 have also been examined as post occurrence witnesses along with younger brother of the informant as P.W. 6. The Investigating Officer has been examined as P.W. 7, Sarapanch of the village and Headmaster of the Upper Primary School where the victim had taken admission have been examined as P.W. 8 and 9 respectively. The medical officer has also tendered his evidence and proved the reports so furnished on police requisition. The appellant has examined one witness namely, Sitaram Pradhan as D.W. 1 in his defence. Besides the oral evidence coming from the lips of the above witnesses, the prosecution has proved the seizure lists concerning the seizure of the wearing apparels of the victim as also the appellant which have been admitted in evidence and marked as Ext. 1 and 2. The F.I.R. in the case has been admitted in evidence and marked Ext. 4. Besides the above other important documents are the medical examination reports and the relevant entry in the School admission register marked as Exts. 7, 8 and 9 respectively.