MOTU @ MANOJ KUMAR PURTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant from inside the jail has called in question the judgment of conviction recorded against him for commission of offence under Section 376 IPC and the order of sentence directing him to undergo imprisonment for a period of seven years in T.C. No. 499 of 2007 (G.R.No.35 of 2007 -C.T.No. 33 of 2007) by the learned Addl. Sessions Judge, Rairangpur.

(2.) Prosecution case is that on 25.1.2007 around 10 A.M., the victim (P.W.1) aged 10 years, the daughter of informant (P.W. 2) was tending cattle in a field with another minor girl (P.W.3) aged about 8 years. It is alleged that the appellant suddenly arrived there, caught hold of her and then tied her hands by means of his towel and made her lie on the ground. Thereafter, gagged her and sexually assaulted her by giving threat at the point of knife and asking her not to raise any hullah. After fulfilling the sexual lust, the appellant left the victim carrying his towel with him. The victim returned home and narrated the incident before her mother when her father, the informant was absent. Victim's father when returned was told about the incident and thereafter, he lodged the FIR at the police station. The police having received the FIR, registered the case and began the investigation. In course of said investigation, the victim, her father and the other minor girl as also others were examined. The victim had also been sent for medical examination, so also being apprehended, the appellant was medically examined. Seizure of incriminating materials have also been made followed by preparation of seizure lists and finally the investigating officer laid the charge sheet against the appellant to face the trial for commission of offence under Sections 376 /506 IPC. The case being committed to the Court of Sessions, the same ultimately came to be tried by the learned Addl. Sessions Judge, Rairangpur.

(3.) In course of trial, prosecution examined in total nine witnesses including the victim, her father, the minor girl -friend of the victim besides the doctor and other seizure witnesses as also the investigating officer. From the side of the prosecution, also the FIR has been proved and marked Ext. 1. The seizure lists have been proved. The spot map, medical report and the report of the chemical examiner have been admitted in evidence.