STATE OF ORISSA Vs. CHAITANA RAJHANSA

JUDGEMENT

(1.) THIS appeal has been preferred by the State against the judgment and order dated 9-8-1991 passed by the Addl. Sessions Judge, Sambalpur in Sessions Trial no. 29/4 of 1991 wherein he acquitted the accused of the offence under Section 376 of i. P. C.

(2.) THE laconic fact of the prosecution case is that on;29-10-1990 at about 12. 00 noon while P. W. 3, a young girl of about 14 years was tending her cattle at Pathurikhol jungle, the accused arrived there and asked her to drive away the cattle which were grazing on an arhar field and no sponer she did so, he came from her back side, physically lifted her and carried her on his shoulder to the arhar field, led her down on the ground, squeezed her breasts, undraped her cloth and committed sexual intercourse on her. When the victim raised hullah, he threatened to throttle her unless she kept quiet and accordingly out of fear she remained silent. After satisfying his lust the accused left the victim high and dry and went away. Some time thereafter the victim returned home with the cattle, took bath and during evening time disclosed the incident before her mother, who in turn narrated it to her husband (PW 4 ). On the next day a village meeting was convened to settle the matter and, when the accused was asked to attend the said meeting, at first he refused to attend it, but due to persistent calls of the punch members he came there and on being asked about the incident flatly denied it. So, on the suggestion of the punch members, on the next day P. W. 4 along with the victim (P. W. 3) went to Krisinda Police station to lodge a report, but as darkness set in. by, the time he reached at village Kisinda, he preferred to pass the night in one of his relative's house of that village and on the next day got the F. I. R. scribed by P. W. 5 and lodged it before the O. I. C. of Kisinda police Station (P. W. 9 ). As the allegation contained in the F. I. R. revealed a cognizable case he registered it under Section 376 of I. P. C. and took up investigation. In course of investigation, he visited the spot, examined the witnesses, arrested the accused, seized his wearing apparel (M. O. II) and the wearing apparel of the victim (M. O. I), prepared seizure list in respect thereof, sent both the victim and the accused to hospital for medical examination, forwarded the accused to court, sent M. Os. I and II to the Regional forensic Science Laboratory, Sambalpur and after completion of investigation, finding a prima facie case under Section 376 of i. P. C. submitted Charge-Sheet against the accused.

(3.) THE plea of the accused is complete denial of the alleged crime. He further took the plea that because of his previous enmity with P. W. 4. father of the alleged victim due to land dispute the case was falsely foisted against him.