KUNAL SINGH BARIHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against a Judgment of conviction and order of sentence passed against the appellant in C.T. Case No. 212/124 of 2012-14 on the file of the Additional Sessions Judge-cum-Presiding Officer, Special Court, Padampur. The learned Additional Sessions Judge-cum-Presiding Officer. Special Court, Padampur vide the impugned judgment and order held the appellant guilty of the charge under sections 342/354/376 (2) (g) of the Indian Penal Code (for short "I.P.C.") and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine Rs.20,000.00, in default to undergo rigorous imprisonment for two years under section 376 (2) (g) of I.P.C. rigorous imprisonment for two years and to pay a fine Rs.5,000.00 in default to under go rigorous imprisonment for six months under section 354 of I.P.C. and rigorous imprisonment for one year and to pay a fine Rs.1,000.00, in default to undergo rigorous imprisonment for three months under section 342 of I.P.C.

(2.) The prosecution placed a case before the Trial Court that on 10.5.2009 at about 4 p.m., when the victim, a lady belonging to scheduled caste community, had been to the Block Office at the instance of one Mahesh Kumar Agrawal, then working as block chairman at Paikmal to meet him there to get a job of Anganwadi worker, her modesty was outraged by him there and thereafter said Mahesh Kumar Agrawal called one Guna Nag and advised the victim to accompany him to an unknown place and said Guna Nag took the victim to an isolated place, i.e., Manbhang Dam side surrounded by jungle and there she was raped by the present appellant along with Mahesh Kumar Agrawal, Guna Nag and Kamalesh Sribastab and thereafter they left her in the godown of co-accused Sanjan Agrawal where she was also subjected to rape by Sajan Agrawal, Pintu Pradhan and Guna Nag. But, the victim was rescued from there by the police and she reported the matter to the police vide Ext. 13 pursuant to which, investigation was taken up by the local police which was subsequently transferred to the Crime Branch and charge-sheet was placed.

(3.) After submission of the charge-sheet, the case of the co-accused persons of the appellant was committed to the Court of Sessions and charge was framed against them. But the appellant having absconded, his case was committed later and he also faced his trial in the said case as he pleaded not guilty to the charge. During the trial, the evidence of twenty three witnesses including the victim (P.W. 1) was independently recorded in this case. But, the evidence of the rest witnesses, such as, P.Ws. 24 to 37 who had been examined in the case of co-accused persons, i.e., C.T. case No. 75/42 of 2010-2014 was adopted in the case of the appellant and ultimately, the arguments in both the cases were heard and a common judgment was delivered. In the common judgment, the appellant was convicted along with his co-accused persons in other case and sentenced, as stated earlier.