ABHIMANYU BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD further argument, hearing is concluded and the judgment is as follows.

(2.) ACCUSED faced the trial in the Court of additional Sessions Judge, Balasore in S. T. Case No. 32/94 of 2000 arising out of G. R. Case No. 208 of 1999 of the Court of j. M. F. C. , Balasore for the charge under S. 376,i. P. C. on the allegation that on July 20, 1999 while the victim girl (P. W. 5), then aged about only 7 years, was returning from the river after taking bath, she was subjected to rape by the accused. To substantiate the charge, prosecution relied on the evidence of nine witnesses and the documents marked Exts. 1 to 10 besides the 'chadi' of the victim girl marked M. O. 1. Amongst the witnesses, as noted above, P. W. 5 is the victim girl, P. W. 1 is the father and P. W. 6 is the mother of the victim girl, P. Ws. 2 and 3 are the co-villagers of the parties who wit-nessed to the seizure of the 'chadi' under seizure List - Ext. 2. P. W. 4 is the doctor who examined the accused on 18-11-1999 after his arrest on 17-11-1999 and proved the Medi Report - Ext. 3. P. W. 7 is the doctor Examined the victim girl on police requisition on 22-7-1999 and proved the medical Report - Ext. 4, the Ossification report - Ext. 5 and the Radiologist's report- Ext. 6. PWs. 8 and 9 are the two police officers who investigated into the case.

(3.) ACCUSED took the plea of denial to the allegation and at the same time suggested to the witnesses in course of the cross-examination that a marriage proposal between him and the niece of P. W. 1 was turned down by him and as a retaliation to that a false case was fabricated against him. In support of that plea, accused examined one Sasanka behera (P. W. 1), who described himself to be the son of the cousin of P. W. 1.