BHASKAR SWAIN Vs. JAIL

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 GDC.

(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.

(3.) IN order to prove its case, prosecution examined as many as ten witnesses. P.W.1 is the victim, P.W.2 is the informant, P.W.3 is the mother of P.Ws.1 and 2, P.W.4 is the scribe of the F.I.R., P.Ws.5, 6 and 9 are co -villagers, P.W.7 is also a co -villager who did not support the prosecution, P.W.8 is the I.O. and P.W.10 is the doctor who examined the victim and the accused on police requisition. The defence did not prefer to examine any witness.