BABAJI ALIAS BIJIA MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner has been convicted Under Section 376 Indian Penal Code, for having committed rape on a young girl of five years' old, (P. W. 1) on 12 -2 -1979 at 6.30 p.m. and has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of 25/ -, in default, to undergo further rigorous imprisonment, for fifteen days, by the trial Judge. On appeal, the conviction and sentence have been upheld by the learned Sessions Judge and hence the revision.

(2.) IT is the prosecution case that on the date of occurrence, just before the sunset, the victim girl wanted to answer the call of nature and requested her grandmother who is since dead, to accompany her, but the grandmother directed the accused who was there, to accompany to victim girl. After the victim girl eased herself and washed in the nearby tank and was returning, the accused lifted her to the cow -shed and removing her frock cohabited with her as a result of which there was profuse bleeding from the vagina of the victim girl. The girl cried loudly but the accused gagged her mouth. The mother and grandmother reached the spot and found bleeding from the private part of the girl. One Natabar Das who was closely related to the family lodged the report whereafter the police took up investigation. The girl was medically examined by the doctor (P. W. 4). The accused was also medically examined by the Professor of Forensic Medicine of S. C. B. Medical College &. Hospital (P. W. 3) and his report is Ext. 1. On completion of the investigation, the police submitted charge sheet and on being committed, the accused stood his trial

(3.) P . W. 1 has given a vivid description of the entire incident of the evening and her evidence has been accepted by both the Courts below. P. W. 2, the mother has also deposed to the effect that P. W. 1 contemporaneously narrated the entire incident to her when she reached on hearing hulla and, therefore, the evidence of P. W. 2 is a corroborative piece of evidence. The evidence of the doctor (P. W. 4) is to the effect that he found lacerated injury irregular in shape over the fourchette (over the parineum) simple in nature which may be possible by forcible penetration of penia or forceful penetration , by a blunt weapon. Thus, the evidence of the doctor corroborates the evidence of the victim girl. Relying on the aforesaid items of evidence, both the Courts below have convicted the petitioner Under Section 376, Indian Penal Code.