BHASKAR SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is directed against the judgment and order of conviction passed by the Asst. Sessions judge, Bhanjanagar in S. C. No. 23 of 1999 corresponding to S. C. No. 205/99 G. D. C.

(2.) THE case of the prosecution is that the victim girl is the minor sister of the informant. She is afflicted by polio and being handicapped uses a crutch for walking. On 10-10-1998 at about 5. 00 p. m. she went towards the back side of her house to attend the call of nature. When she did not return home till 7. 00 p. m. , the informant and his mother became apprehensive. They along with others searched for her, but in vain. At about midnight, there was a knock on the door. When the door was opened, the victim was found with blood soaked clothes and there were swelling injuries on her neck. On being asked, she disclosed that after attending the call of nature, when she was coming back, the accused-appellant met her and offered her ten rupees to have sexual intercourse. On her refusal, he put his palm on her mouth, carried her to a lonely place and raped her. He also threatened her not to shout and not to disclose the matter before anybody. Thereafter, he pressed the crutch of the victim on her neck, as a result of which she became unconscious. On regaining sense, she came back by crawling. F. I. R. was lodged by the informant before the O. I. C. , Buguda police-station, who, after due investigation, submitted charge-sheet against the accused-appellant under Sections 376/307/366/506, i. P. C.

(3.) THE defence plea was one of complete denial and false implication.