TRINATH BHOJ Vs. STATE OF ORISSA

JUDGEMENT

(1.) <DJG>Pradip Monanty, J.</DJG> This appeal is directed against the judgment and order dated 12.5.2006 passed by the learned Addl. Sessions Judge, Jharsuguda in S. T. Case No. 27 of 2006 convicting the appellant under Sections 376/511, IPC and sentencing him to undergo rigorous imprisonment for seven years and pay a fine of Rs. 5,000, in default to undergo rigorous imprisonment for six months.

(2.) The case of the prosecution is that on 9.4.2006 in between 10.30 and 10.00 a.m. the victim girl, who was aged about four years at the relevant point of time and residing adjacent to the shop-cum-residence of the appellant, came to purchase a sweet Pudia (small packet). The appellant, finding her alone, called her inside, opened her undergarment and ejaculated. The victim returned home and narrated the incident before her parents. Thereafter, first information report was lodged basing upon which a case was registered and investigation commenced. In course of investigation, the appellant was arrested. After closure of investigation, final form was submitted against the appellant under Section 376(2)(f), IPC.

(3.) The plea of the appellant was one of complete denial of the occurrence.