BHAKTA KISAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant having been convicted by the learned Adhoc Additional Sessions Judge, Sundargarh in S.T. No. 23/7 of 2010 for commission of offence under section 376 (2)(g) of the I.P.C. and sentenced to undergo rigorous imprisonment for a period of 10 years and pay fine of Rs. 1,000.00 in default to undergo rigorous imprisonment for one month has filed this appeal in assailing the finding of guilt recorded against him as also the sentence that he has been visited with.

(2.) Prosecution case is that on 12.07.2009, it was between 1 to 1.30 P.M. the victim girl P.W.6 was on her way to the market. It is stated that when she arrived near Bharat Gas Godown situated by the side of the State Highway, accused Bijaya Majhi with four others including the present appellant forcibly dragged her near the boundary wall of the godown. It is alleged that accused-Bijaya and the appellant entered inside the premises of the gas godown by scaling over the boundary wall and then the three other accused persons lifted the victim so as to facilitate Bijaya and this appellant to take her inside the premises of the gas godown. It is further alleged that thereafter accused-Bijaya forcibly undressed the victim, laid her on the ground with her face upward and did sexual intercourse upon her. During the process, the appellant assisted the accused-Bijaya by holding the hands of the victim and gagging in seeing that no resistance is aired. Still when the victim did not remain silent accused-Bijaya had slapped her. It is stated that one Tibraj Rohidas-P.W.3 was then passing nearby and hearing the cry of the victim, she with other co-villagers, including P.W.2 went near the godown and found those four boys sitting on the boundary wall when accused-Bijaya was sleeping over the victim inside the godown. All of them fled away at their sight. Although they made the attempt to apprehend them, yet the same did not succeed. Thereafter, they saw the victim lying inside the godown in an unconscious state being naked, with her garments lying scattered. She was shifted to the District Headquarter Hospital, Sundargarh for necessary treatment. The police arrived at the spot on receiving information about the incident and one Sukanta Rohidas-P.W.2 lodged the F.I.R. before the I.I.C. of Town Police Station.

(3.) During trial, the prosecution examined as many as 10 witnesses including the victim-P.W.6, the independent witnesses including the informant, medical officer and other witnesses to the seizure as also the investigating officer. From the side of the prosecution, F.I.R. has been admitted in the evidence and marked as Ext.2, the medical examination report of the victim has been marked as Ext.4 as also the T.I. parade report as Ext.10 besides the other documents, such as, the seizure list, spot map, chemical examination report etc.