STATE OF ORISSA Vs. DAMAN MAHANTA

JUDGEMENT

(1.) In this appeal the State of Orissa has called in question the judgment dated 11.9.1992 passed by the Asst. Sessions Judge, Mayurbhanj, Baripada in S.T. No. 11/81 of 1992 acquitting the accused/Respondent of the charge under Section 376 of IPC.

(2.) Shorn of unnecessary details the prosecution case is that on 22.9.1991 while the victim and the mother of the accused/Respondent were tending their respective cattle in the jungle, the accused/Respondent came there at about 2.30 p.m., asked his mother to return home and he himself tended the cattle. In course of grazing, the cattle entered inside the dense forest and accordingly the accused/Respondent and the victim followed them. It is alleged that when the victim was standing in the dense forest the accused/Respondent undraping her, laid her down on a muddy surface, and then committed sexual intercourse on her for 5 to 10 minutes against her will and without her consent. On returning home, with muddy clothes, the victim narrated the incident to her mother (PW4) who in turn requested PWs. 3 and 6 to come and see the condition of her daughter. Accordingly, they came to the house of the victim and saw her clothes to have been soiled by mud. When PW1, her husband returned home, PW4 narrated the entire incident to him, who brought this fact to the notice of the Ward Member of the village and he assured him to take appropriate steps. But since the accused left his village, the Ward Member could not take any step against him and asked PW1 to report the incident at the Police Station. Accordingly, he orally reported the incident before the A.S.I, of K.C.Pur Outpost (PW10) on 24.9.1991 who reduced the same into writing, entered the fact in Station Diary and sent the report to the QIC of Betonati Police Station (PWS) who registered the case under Section 376/511 of IPC. PW10 took up preliminary investigation, in course of which he examined the informant, the victim and some other witnesses, sent the victim to headquarter hospital, Baripada and handed over the charge of investigation to PWS on 26.9.1991. In course of investigation, PW 8 examined one Soukin Mohanta @ Sukru, arrested the accused, seized his wearing apparel, forwarded him to Court and after completion of investigation, finding a prima facie case against the accused- Respondent, submitted charge sheet under Section 376 of IPC against him.

(3.) The plea of the accused/Respondent is that there was previous enmity between the family members of the victim and his family members and to feed fat the previous grudge the case has been foisted falsely against him.