FAGALA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This captioned Jail Criminal Appeal is filed by the appellant from Jail against the judgment of conviction and sentence passed under Section 376 of the Indian Penal Code (hereinafter called as "I.P.C.") by the learned Additional Sessions Judge, Rairangpur in Sessions Trial No.08 of 2014 sentencing the appellant to undergo R.I. for seven years and to pay fine of Rs.10,000/- in default to undergro further R.I. for one year for the offence under Section 376 of IPC.

(2.) The conspectus of the case of the prosecution, in short, is that on 30.11.2013, while the victim, who was 80 years old, was sleeping alone in her house, as an ill luck would have it, the appellant knocked the door of the house of the victim in the midnight. On being opened by the victim, the appellant came in and asked for match box and Gutka. Before the victim responded to his request, the appellant gagged her mouth and forcibly made sexual intercourse on her by putting her on the cot. The victim tried to raise hullah but the appellant over powered her. After the sexual assault, the appellant fled away.

(3.) It is the further case of the prosecution that on the next morning, the victim went to her daughter's house, which is only at a few distance from her house and narrated the incident to her by crying. Due to sexual assault, the victim was sustained injury on her private part and her wearing apparels were stained with blood and semen. Thereafter, she along with her daughter and son-in-law went to Bisoi Police Station where FIR was lodged. During investigation, the victim was examined by the doctor on police requisition. The blood stained and semen stained wearing apparels of the victim were seized by the police. Police also seized the wearing apparels of the appellant. All the seized properties were sent for chemical examination and chemical examination report has been submitted. After completion of investigation, charge sheet has been submitted.