DASARATHI SAHUKAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present appeal under Section 374 of the Code of Criminal Procedure has been filed challenging the order of conviction passed on 26-7-1993 by the learned Special Judge-cum-Sessions Judge, Koraput, Jeypore in Sessions Case No. 148 of 1992 who found the accused guilty under Section 376, IPC read with Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "the Act") and having convicted appellant thereunder, sentenced him to undergo rigorous imprisonment for life in view of Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The prosecution case in brief is that, on 11-3-1992 at about 7.00 p.m. the victim had been to attend the call of nature and while she was returning home by road the accused appellant came behind her and forcibly lifted her to his thrashing floor and committed rape on her. At the time of commission of rape she shouted and hearing her hue and cry Himirika Singaru and Kadraka (P.Ws. 2 and 3 respectively) rushed to the spot and saw the accused committing rape on the victim girl and seeing them the accused went away from the spot. She narrated the incident before P.Ws. 2 and 3 as well as her mother. There was panchayati for the next two days, but as the accused was not found in the village and thereafter FIR was lodged before the police station and investigation was taken up and on completion of investigation charge-sheet was submitted.

(3.) The defence plea is one of complete denial of the occurrence. Pleading innocence, the accused has stated in his statement under Section 313, Cr. P.C. that he has been falsely implicated in this case by the villagers out of previous grudge.