BIKRAM @ BIKOD KINDO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal has been filed challenging the judgment dated 09.11.1998 passed by the Addl. C.J.M. -cum -Asst. Sessions Judge, Rourkela convicting the appellants under Section 376(2)(g) I.P.C and sentencing them to undergo R.I for 10 years each and to pay a fine of Rs.2,000/ - in default of fine to undergo RI for one month in S.T Case No.249/74 of 1997.

(2.) ON 16.7.1997 the informant Pramila Sahoo along with her friend Kuntala Kindo had been to Bedavyas to witness the Return Car festival. As there was rush in the bus, they could not board the same at the relevant time. On the request of the informant to Ranjan and Kundu of her village the said persons dropped her near Shiva Temple of her village and went to their respective houses. The informant thereafter proceeded towards her house while some boys standing on the road namely Bikod Kindo - accused No.1, Dharmendra Kishan accused No.4 and Punia Majhi -accused No.2 and Dutia Toppo accused No.3 intercepted her on the way. They dragged her to a place under a tamarind tree, threatened her to assault and even to kill and throw her on the railway line. The accused persons forcibly opened her salwar suit - and chadi. Other accused persons, namely, Udaya Lakra, Dutia Tappo and Raju Ekka reached there. In spite of her protest all the accused persons one after another had forcible sexual intercourse with her. The informant, it was stated, could not help herself as she was frightened. At about 11.00 P.M. accused Bikod, Punia and Dharmendra brought her by crossing the road and allowed her to go to her house. Due to rape, informants thighs were swollen and she sustained pain and injuries on her private part. She also sustained injuries on her right hand, as the bangles were broken.

(3.) AFTER threadbare discussion of the evidence, both oral and documentary, the trial Court came to the conclusion that the prosecution had proved beyond reasonable doubt that all the accused persons had committed gang rape on victim Pramila Sahoo in the evening of 16.7.1997. It found them guilty of having committed offence under Section 376(2)(g) I.P.C and convicting them thereunder sentenced them each to undergo R.I for ten years and to pay a fine of Rs.2,000/ -, in default of fine to undergo further R.I for one month.