SOUMYA RANJAN PATTANAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since both these criminal appeals have been directed against the same impugned judgment of conviction and order of sentence dated 15.09.2010 rendered by the learned Special Judge, Keonjhar in Special Case No.23 of 2007, they are heard together and are disposed of by this common judgment to avoid any conflicting finding.

(2.) By the impugned judgment, the learned Special Judge, Keonjhar has convicted the appellant - Soumya Ranjan Pattnaik under Sections 376 and 506 of the Indian Penal Code (for short "I.P.C.") and sentenced him to undergo R.I. for a period of ten years and to pay a fine of Rs.50,000.00, in default, to undergo R.I. for a further period of three years under Sec. 376 of Penal Code and R.I. for a period of one year and to pay a fine of Rs.5000.00, in default, to undergo R.I. for a further period of three months respectively. The learned trial court has convicted the appellant - Subash Pattnaik under Sec. 506 of I.P.C. and sentenced him to undergo R.I. for one year and to pay a fine of Rs.5000.00, in default, to undergo R.I. for a further period of three months with further direction to pay the aforesaid fine amount, if realized from the appellants, to the victim as compensation. The learned trial court, however, found the appellants not guilty of the charge under Sec. 3(1)(x) of the S.C. and S.T. (P.A.) Act.

(3.) The facts of the case as disclosed by the prosecution are that an F.I.R. was lodged on 26.03.2007 at Soso Police Station incorporating, inter-alia, that the victim is a rustic illiterate Harijan spinster, aged about fourteen years, she was impregnated by appellant - Soumya Ranjan Pattnaik who finding her alone in her house, committed sexual intercourse by force on a day about five months preceding the date of filing of F.I.R. on 26.03.2007. It was under threat. Subsequently, thereafter on two other subsequent occasions the said appellant also subjected the victim to forcible sexual intercourse. Being under terrible fear, the victim could not divulge such act before her parents. Once, the local A.N.M. disclosed before the victim's mother that her daughter is impregnated, the crestfallen mother then confronted the victim who divulged before her as to what had happened. The victim's mother immediately rushed to the house of the appellants and when questioned the appellant - Subash Pattnaik as to why his son committed such a barbarous sexual act against an innocent minor girl, he threatened to torch the house and to drive out them from the village. Notwithstanding such threat, the victim's mother immediately rushed to the Police Station and lodged the F.I.R. Thereafter, investigation was taken up and on completion thereof, charge-sheet was filed against the appellants before the S.D.J.M., Anandapur. In accordance with law the case was committed to the Special Court. After considering the materials brought on record and hearing the parties, the appellants were charged for the aforesaid offence. When the charge was read over and explained, the appellants pleaded not guilty and claimed for trial. The learned trial court after conclusion of the trial convicted the appellants as aforesaid.