BISHNUDAS BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is preferred against the judgment of the learned Assistant Sessions Judge, Boudh convicting the appellant for an offence under Section 366 Indian Penal Code ('IPC' in short) and sentencing him to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 10,000/- in default to undergo further R.I. for one year. There is also a direction that the fine amount realised would be paid to the victim girl under Section 357(1), Cr. P.C.

(2.) Briefly stated, the prosecution case is that on 17-1-92 at 3 p.m. when the parents of Sunjukta Sahu, PW-4, were absent at home, she was found missing from the house. After the parents came they received the information from the younger daughter, and in search of Sanajukta, her father PW-3 went to his father-in-law's house at Daspalla. With the help of his brother-in-law, Ladu Kishore Sahu (PW-6) they came to Madhapur out-post and reported at Adenigarh out-post with regard to the elopment of PW-4. The victim girl was rescued from the house of the appellant on 21-1-92. She was sent to the District Headquarters Hospital, Phulbani for medical examination. PW-9 the Doctor did not find any sign of recent sexual intercourse. On ossification test, her age was found to be more than 15 years and less than 17 years. She was sent to F.M.T., M.K.C.G. Medical and Hospital where PW-12 considering the physical and radioligical findings opined that she was more than 14 years and less than 16 years. On further investigation and compliance of formalities charge sheet was filed by PW-13, the Investigating Officer.

(3.) The accused took the plea of complete denial.