GHANASHYAM MISRA Vs. STATE

JUDGEMENT

(1.) THIS revision petition is filed against the appellate judgment of the Additional sessions Judge of Cuttack, maintaining the conviction and sentence passed on the petitioner by the Assistant Sessions Judge of Dhenkanal, for an offence under section 376, I. P. C. At the time of the admission of this revision petition a rule was issued on the petitioner to show cause why the sentence may not be enhanced, and he was given full opportunity to argue against his conviction as well.

(2.) THE petitioner was working as a Teacher in the M. E. School at Rainarusinghpur in Dhenkanal District in October, 1954. It was alleged that on the 4th October 1954 at about noon he committed rape on a girl student of the school, named nalini Kumari Dei (P. W. 4) aged ten years inside the school premises. Soon after committing rape he was said to have given her two anna pieces for purchasing sweets and cautioned her not to reveal the incident to anybody. The girl sustained an injury to her private parts in consequence of the offence and after returning to her house informed her mother Keli Dei (P. W. 3) about the outrage committed on her. Her father Kinu Charan Misra (P. W. 6) was immediately sent for and informed about the occurrence. News regarding the outrage reached several persons of the locality soon afterwards, and at about 3-30 p. m. some of the Bhadra Logs collected at the premises of the school to enquire into the matter. The petitioner was also present before the Punches and the girl identified him as the person who committed rape on her though he stoutly denied the accusation. Her brother Basanta Kumar Misra (P. W. 1) a young man aged 22 years, went next day morning to Kamakhyanagar police Station, 30 miles away, on a bicycle and lodged F. I. R. on the 5th October 1954 at 10-30 a. m. The usual police investigation followed and the girl and the petitioner were both sent to the Medical Officer for examination. The saree of the girl which had been preserved by her parents, was seized by the police and the cloth of the petitioner was also seized and sent to the Chemical Examiner. The serologist's report shows that human bloodstains were found in the saree of the victim. No spermatozoa was, however, detected in either of the clothes.

(3.) THE medical examination of the victim and the petitioner was held by Dr. Satyanarayan Satpathy (P. W. 15) on the 5th and 6th October 1954 respectively. He estimated the age of the girl at about 10 years basing his opinion mainly on the fact that she had only twelve teeth, had no pubic hair on her private parts and her breasts were not fully developed. He found a recent tear of the hymen 1/5" long, posteriorly, with bruising of the commisure present. There was no blood or abnomal discharge in the genitals but the genitals were extremely tender. There was no other mark of injury on the girl, according to the opinion of the doctor the tear of the hymen appeared to have been caused by forcible penetration by a human penis within two days. The medical examination of the petitioner showed a linear abrasion of the skin 1/2" long Inside the prepuce, 1/4" above the glans penis simple in nature. There was also an abrasion on the back of the left thumb. Both these abrasions appeared to have been caused by finger-nail. There was no sign of venereal disease on the petitioner or on the girl.