VERSUS Vs. SURESH CHANDRA JENA

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 12.12.1998 passed by the Assistant Sessions Judge -cum -C.J.M. Ganjam, Berhampur in Sessions Case No.13 of 1988 (S.T. 28/88) GDC) acquitting the accused -Respondent of the offence under Section 376 of I.P.C.

(2.) SUCCINCTLY stated the prosecution case is that on 13.10.1987 at about 3.30 P.M. while P.W.3, the victim was easing herself near Patua Nala of her village Chikitigarh, the accused -Respondent came near her, caught hold of her right hand, laid her down on the ground and committed sexual intercourse on her against her will and without her consent. Hearing hullah raised by the alleged victim, her maternal uncle and aunt Ratna and Basanti by name arrived at the spot, and seeing them while the accused -Respondent was taking to his heels, Ratna caught hold of him. On being asked, the accused -Respondent denied to have committed any offence, but the victim narrated the entire incident before Ratna and his wife, crying. The matter was brought to the notice of the mother of the victim in absence of her father, who had been to Berhampur to sell Khaja etc. On the next day, on the arrival of her father the victim as well as her mother narrated the incident to him. On the same day the victim, her father and her paternal uncle went to Chikiti Out -Post where the victim disclosed the incident in detail to the A.S.I. in -charge of the Out -Post, who reduced the same into writing and forwarded it to the O.I.C. of Nuagaon Police Station for registration and investigated into the case. In course of investigation, he visited the spot and examined some witnesses. As the allegation contained in the F.I.R. revealed a cognizable case, the O.I.C. registered the case and took charge of the investigation from the A.S.I. In course of investigation, he arrested the accused -Respondent and sent him as well as the victim to the hospital for their medical examination, seized the wearing apparels of both the accused -Respondent and the victim, sent the same for chemical examination and after completion of investigation, finding a prima facie case against the accused -Respondent, submitted Charge Sheet against him.

(3.) IN order to prove its case, the prosecution examined seven witnesses in all, of whom, P.W.1 is the father of the victim, P.W.2 is her paternal uncle, P.W.3 is the victim herself, P.W.4 is the lady Medical Officer, who examined the victim, P.W.5 is the A.S.I., who reduced the oral report of the victim into writing, P.W.6 is the O.I.C. of Nuagaon Police Station and P.W.7 is the doctor, who examined the accused -Respondent. The defence did not prefer to examine any witness.