LAMBODAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal arises out of the Judgment and Order dated 21.12.1988 passed by the Addl. Sessions Judge, Titilagarh convicting the Appellant under Section 376 IPC and sentencing him to undergo rigorous imprisonment for seven years in Sessions Case No. 61/13 of 1988.

(2.) THE case of the prosecution is that the victim (P.W. 1) was working as a maid servant in the house of the Appellant. She was compelled to have continuous sexual intercourse or cohabitation with the Appellant with the assurance of marriage. When the victim conceived, she asked the Appellant to marry her but the latter refused to accept her as his wife. Thereafter, she disclosed the fact of her becoming pregnant before her father (P.W. 2), who took her to P.W. 3, a gentleman of their village, and others and requested them to intervene in the matter. Accordingly, a punch was convened in the village. Since no amicable settlement could be arrived at, P.W. 2 orally reported the matter at Saintala P.S. As the police did not take any action, the victim presented a written report (Ext. 1) before the Superintendent of Police, Bolangir and as per his direction the O.I.C., Saintala P.S. registered a case, proceeded with the investigation and after closure of the same submitted charge -sheet under Section 376 IPC against the Appellant.

(3.) IN order to prove its case, the prosecution examined as many as six witnesses including the doctor (P.W. 4) and the I.0. (P.W. 6). The Appellant examined two witnesses to substantiate his plea.