STATE OF ORISSA Vs. LABA LOHARA

JUDGEMENT

(1.) STATE is the appellant against the order of acquittal passed in favour of the accused -respondent by the learned Asst.Sessions Judge, Bonai in S.T. No.44/8 of 1990. It reveals from the record and the parties do not dispute that accused was charged for the offence under Section 363 and 376 I.P.C. on the allegation that on 21.03.1989 at about 6 P.M. accused lifted the victim girl, a minor, to the backside of Tensa Guest House and forcibly committed sexual intercourse with her. Accused denied to the charge and claimed for trial.

(2.) TO substantiate the accusation, prosecution examined as many as 10 witnesses and relied on series of documents, Ext. 1 to 8/1, besides exhibiting material objects, M.O.I. to VII and M.O.I is a pair of chapel. Rest of the material objects are the wearing apparels.

(3.) P .W.7 stated in her evidence that she saw P.W.2 going on the road and then she was crying. She also heard P.W. 2 talking with P.W.6 but she (P.W.7) could not know the topic under discussion. P.W.8 on the basis of different test conducted opined that the age of the victim girl was between 10 to 15 years. The defence did not challenge that opinion and declined to cross -examine P.W.8.