SANTOSH KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Khairi @ Santosh Kumar Das faced trial in the Court of learned Adhoc Addl. Sessions Judge, (Fast Track Court), Balasore in Sessions Trial Case No. 38/158 of 2002-2001 for offence punishable under section 376 of the Indian Penal Code on the accusation of committing rape on the victim girl on 12.08.2000 at about 5.00 p.m. in the village Bhimain under Nilagiri police station in the district of Balasore. The appellant was found guilty of the offence charged and sentenced to undergo R.I. for seven years and to pay a fine of Rs. 500/-, in default, to undergo R.I. for two months.

(2.) The first information report was lodged by one Padu @ Pradeepta Mallik (P.W.5) who happens to be the elder brother of the victim and he has mentioned in the first information report (Ext.3) that on 12.08.2000 in the afternoon at about 5.00 p.m. while the victim who was aged about eleven years was playing on the verandah of the house, the appellant came inside the courtyard and took her inside the house of the victim by dragging and made on flat on a bench, removed his pant upto his knee and then committed rape on the victim. When the victim cried aloud, another brother of the victim namely Jagabandhu Mallik (P.W.9) arrived there and found the appellant committing rape on the victim. When the appellant saw P.W.9, he fled away from the spot. P.W.9 narrated the incident before the co-villagers and found the victim lying in a senseless condition. The victim came to her senses due to sprinkling of water on her face. It was found that semen stains was there on the pant of the victim and since the other family members of the victim were not there and they came to the house hearing shout of P.W.9, the victim disclosed about the occurrence before them and accordingly, the first information report was lodged. The officer in charge of Nilgiri police station namely Dolagobinda Parida (P.W.10) registered Nilgiri P.S. Case No. 83 of 2000 on dated 12.08.2000 under section 376 of the Indian Penal Code against the appellant and he took up investigation of the case. During course of investigation, he examined the witnesses, visited the spot, prepared the spot map, seized the wooden bench and one chadi of the victim with stains of semen. The appellant was apprehended on 14.08.2000 and he was sent for medical examination. The check lungi of the appellant was seized. The investigation was handed over to P.W.7 Umesh Kumar Panda and then to P.W.11 Deepak Kumar Jena, S.I. of police of Nilgiri police station who sent the material objects for chemical examination and on completion of investigation, submitted charge sheet.

(3.) The defence plea is one of denial and it is pleaded that the informant had kept a girl with him and in that connection, the appellant had reported the matter in the police station for which a false case has been foisted against him due to previous enmity.