TIKINA @ ARJUNI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal appeal is against the judgment dated 28.10.2009 passed by the learned Additional Sessions Judge, Jagatsinghpur in C. T. case No. 88/2008 (arising out of G. R. Case No. 59/2008 on the file of the S.D.J.M., Jagatsinghpur) convicting the appellant for having been found guilty of the offence punishable under section 376, I.P.C. and sentencing him to undergo R. 1. for ten years with fine of Rs. 5,000.00, in default to undergo R. I. for three months.

(2.) Jagatsinghpur P. S. Case No. 27/2008 was registered on the complaint filed by the victim's mother (registered as I.C.C. No. 16/2008) being sent by the learned S. D. J. M., Jagatsinghpur to the said Police Station for investigation into the alleged crime. In the complaint it is narrated that the victim, then aged about 13, was reading in Class-VII in Purohitpur School. The appellant-accused, victim's neighbour, used to subject the victim to sexual harassment while she was commuting to her school. Out of fear the victim was not telling anything to her parents. However, when such atrocities because unbearable she brought those facts to the notice of her parents. The matter was also reported to the village gentries. It is further alleged that on 10.4.2007 at about 7.00 a.m. when the victim had gone to a tube well to fetch water, the appellant dragged her to his house gagging her mouth and forcibly had sexual intercourse with her. She informed that fact to her parents who brought the same before the local gentries. There was another incident on 30.4.2007 at about 8.00 p.m. When the victim was in their cow-shed the appellant stealthily entered inside and committed rape on her. She reported the matter to her parents who brought the matter to the notice of the villagers. They remained silent. Again on 26.10.2007 at about 8.00 p.m. the appellant, finding the victim alone, dragged her forcibly but when she raised alarm, her elder mother and some other villagers including her parents gathered and the appellant left her and went away giving threatening to all those who had congregated. A village meeting was convened on 30.10.2007. When the gentries advised the victim's parents only to have the matter compromise, F.I.R. lodged on 5.11.2007 but the police did not take any action. There was yet another such incident. On 7.1.2008 evening the victim had gone to their cow-shed to bring dry cow-dung. The appellant had concealed there inside the cowshed. Finding her alone, he embraced her, molested her and then tried to take her to a nearby orchard but when she raised alarm her parents and neighbours collected and rescued her. In the same night the victim with her other went to the Police station and submitted a written report but the police did not accept the same. Having failed to get any co-operation and assistance from the police the complainant (victim 's mother) filed a complaint before the learned S.D.J.M. from the endorsement made by the learned S.D.J.M. on the front page of the complaint petition it transpires that it was presented on 11.1.2008. Learned S.D.J.M. directed the I.I.C., Jagatsinghpur Police Station for investigation under section 156 (3), Cr. P.C. Thereafter, the Police started investigation, examined witnesses, sent the victim as well as accused for medial examination, seized the wearing apparels of both of them and sent the same for serological test, got the statement of victim recorded under section 164, Cr. P.C. and on completion of investigation charge-sheet was submitted on 28.5.2008. Thereafter, the learned S.D.J.M. committed the case to the Court of Sessions on 22.7.2008. On 27.8.2008 learned Sessions Judge framed charge under sections 376 and 509 of I.P.C. As may as 13 prosecution witnesses and 2 defence witnesses were examined during the trial.

(3.) Learned Sessions Judge assessed the evidence on record. Finding the testimony of the victim and some other prosecution witnesses reliable, the Court recorded the order of conviction and awarded the sentence as indicated earlier.