COMMISSION BEBARTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Commission Bebarta, petitioner herein stood charged under Sections 494 and 376, I.P.C. and further he along wit his wife Prasanti Bebarta (since acquitted) stood charged under Section 307/34, I.P.C. Learned Assistant Sessions Judge, Parlakhemundi upon trial while acquitting both of them of the charges under Sections 307 and 494, I.P.C., convicted the petitioner under Section 376, I.P.C. and sentenced him to suffer simple imprisonment for a period of three years with fine of Rs. 200/- .In default, to suffer imprisonment for a period of two months. On appeal, the learned Additional Sessions Judge, Parlakhemundi maintained the conviction and sentence imposed by the trial Court. Hence, the revision.

(2.) The prosecution case, shortly stated, is that the victim girl, P.W. 3 (name omitted) and the petitioner hail from interior part of newly created district Gajapati (old district Ganjam) and admittedly they earn their livelihood by manual labour. It is alleged that in the year 1992 the petitioner developed intimacy with the victim girl and gave her a proposal for marriage saying that his first wife is dead. She believed his version, accepted the proposal where after they both lived as husband and wife. The further case of the prosecution is that when the victim girl had been to the petitioners village, could find to her utter surprise that his wife is alive. On the alleged date of incident, i.e. 25-11-1992 it is alleged, both husband and wife severely assaulted and throttled the victim girl. She then approached the local police and lodged a written report, Ext. 3 consequent upon which a case under Sections 420, 494 and 307, I.P.C. was registered and after usual investigation charge-sheet was laid against the petitioner and his wife to stand their trial. Initially charge was framed under Sections 494 and 307 read with Section 34, I.P.C., but in course of trial additional charge was framed under Section 376, I.P.C. against the petitioner only.

(3.) The plea of the petitioner was denial simpliciter.