SIBARAM DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) A nine year old girl completely un-bothered unperturbed about the world around her was enjoying the morning play on the village street. She was unaware that the lustful eyes of the appellant were watching her from close quarters like a vulture's prey. Suddenly she was captured by the licentious felon and ravished. To suppress the horrendous crime, she was offered with biscuits, chocolates and some money. She was even threatened to be killed. The matter would have gone unnoticed but the destiny had its own plans. The mother of the victim detected biscuits and chocolates in the school bag of the victim. The foodstuffs which were given to suppress the demonic act opened the pandora box for detection of the crime.

(2.) The prosecution case, in short, is that the appellant was residing in Lal Building Basti, Barasuan and the house of the victim was also situated in the same Basti. The father of the victim namely Marshalen Lugun (P.W.3) was a dumper driver and the mother of the victim namely Smt. Bahalen Lugun (P.W.1) was doing labour works. At the time of occurrence, the victim girl was prosecuting her study in Class IV and she was aged about nine years. On 24.07.2006 the appellant called the victim to his house offering her biscuits and chocolates and thereafter took her inside the house, laid her on a cot after removing her chadi and then he removed his pant and committed sexual intercourse. The victim shouted due to pain for which the appellant gauged her mouth and told her not to disclose the incident before anybody and he also threatened the victim that in the event she discloses the incident to anybody, she would be thrown from the roof of the house. On the next day i.e. on 25.07.2006, the appellant again called the victim offering biscuits, chocolates etc. and committed similar act. The appellant gave a sum of Rs. 30/- on the first day besides biscuits, chocolates etc. and Rs. 20/- on the second day besides chocolates, biscuits etc. and on third day he offered the victim a sum of Rs. 10/- and asked him to distribute biscuits, chocolates to her friends. When P.W.1, the mother of the victim detected biscuits, chocolates in the bag of the victim and asked her where-from she brought the same, she narrated the incident in detail to her mother. P.W.3 who is the father of the victim was not present at that point of time and he returned in the evening hours on 28.07.2006 and P.W.1 disclosed before him what the victim had told her. P.W.3 in turn disclosed the incident before other villagers and the villagers caught hold of the appellant on 29.07.2006 and asked him about the incident. The appellant confessed to have committed the act in presence of the villagers.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned Trial Court charged the appellant under sections 366-A, 376(2)(f) and 506 of the Indian Penal Code on 205.2007 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.