STATE OF ORISSA Vs. K ADINARAYANA

JUDGEMENT

(1.) Both the appeals arise out of the same judgment of the Chief Judicial Magistrate-cum-Assistant Sessions Judge, Ganjam, Berhampur in a case under S. 376, IPC. The Government Appeal is against the order of acquittal of respondent K. Adinarayana of the charge under S.376, IPC whereas, the Criminal Appeal by appellant K. Adinarayana is against his conviction under S. 366, IPC and sentence of rigorous imprisonment for three years. Both the appeals are disposed of by this common judgment.

(2.) Prosecution case is, in the night around 1.00 a.m. on 25-3-1983 accused K. Adinarayana along with his co-accused persons Debaraj Das, Jogendra Naik and Mochia Das (since acquitted) bodily lifted the victim lady aged about 25 years from the verandah of one Sukuta and carried her inside a paddy field. While accused K. Adinarayana committed rape on the victim lady, others stayed nearby. P.W. 3 and other witnesses brought the victim lady to the village and in the same night complained of the act committed by the appellant to P.W. 5, the Block Development Officer under whom the accused was then serving as a peon. F.I.R. was lodged by P.W. 3, the eye-witness, on the same night of occurrence. During investigation the accused as well as the victim lady was medically examined. After completion of investigation charge-sheet was submitted against accused K. Adinarayana and his co-accused persons. While others were acquitted, accused K. Adinarayana was convicted and sentenced as indicated above.

(3.) The plea of the accused was a complete denial of the occurrence. It was pleaded that this false allegation was at the instance of one Prafulla Kumar Sahu with whom he had enmity for which the latter masterminded the plot so alleged.