HAPAN BASKE ALIAS HANSDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 17. 10. 2003 passed by the Assistant sessions Judge-cum-C. J. M. , Balasore in s. T. No. 102/169 of 2002 convicting the appellants under Section 376 (2) (g) I. P. C. and sentencing each of them to undergo R. I. for ten years and pay a fine of Rs. 5,000 in default to undergo R. I. for a period of six months.

(2.) THE case of the prosecution is that on 22. 4. 2002 at about 5. 30 p. m. , the I. I. C. , Town police Station, Balasore received a written report submitted by one Smt. Salma murmu, PW1, alleging therein that on 21. 4. 2002 at 10. 00 p. m. while she was sitting on the verandah of her house, one young man came, dragged her by pulling her hand, forcibly took her to a nearby field by gagging her mouth and forcibly had sexual intercourse with her against her will. At that time, four other accused persons, who were hiding nearby, came and also sexually violated her by committing rape. When Police Patrol party came, they fled away from the spot. On receipt of the report, a case was registered and investigation was taken up, on completion of which charge-sheet was submitted against the accused-appellants.

(3.) IN order to prove its case, the prosecution examined as many as nine witnesses including the victim and the doctor and proved nine exhibits. The defence has examined none.