RAM HANSADA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has preferred the present appeal challenging the judgment dated 27.7.2011 pronounced by the learned Ad hoc Additional Sessions Judge (F.T.C.-II), Balasore in Sessions Trial No.70/107 of 2009 convicting the appellant under Section - 376(2)(g), I.P.C. The appellant has also challenged the sentence imposed on him whereby he has been directed to undergo R.I. for 10 years.

(2.) A thumb nail sketch of the prosecution case is that the victim/informant (P.W.5) is a married lady and she belongs to village Bisipur under Udala Police Station in the district of Mayurbhanj. She, her husband and her elder brother-in-law came to Gandibed village under Khaira Police Station in the District of Balasore to do labour work during harvesting season. P.W.5 and her husband were residing in the house of the appellant. On 15.11.2008 at about 7.00 P.M., the appellant told P.W.5 that her husband was lying in a drunken condition at Hatpada (Gandibed) and asked her to accompany him to that place. Accordingly, P.W.5 went with the appellant and found her husband in a normal condition and not under influence of liquor. Her husband sent her back to home with the appellant. While P.W.5 and the appellant were returning, the appellant purchased a liquor pouch and gave her to take the same. Then the appellant took her (P.W.5) in a different route and ultimately took her inside a half constructed thatched roof mud house. There, the appellant made her naked, laid her down on the ground and forcibly committed rape on her. After committing rape on her, the appellant called two acquitted persons, namely, Gurubha Murmu and Ramesh Murmu, who also committed rape on her. On being raped, she became unconscious. At around 3 A.M. in the morning, when she regained her senses, she found the appellant sleeping by her side. She came back to the house of appellant and searched for her husband. Around 11.00 A.M. of 16.11.2008, her husband reached the house and she (P.W.5) disclosed the incident to him. On 17.11.2008, around 100 Noon, P.W. 5 lodged a written report which was registered as Khaira P.S. Case No. 129 of 2008 under Section 376(2)(g), I.P.C. against the appellant and two above named acquitted persons. After completion of investigation, charge-sheet was submitted by P.W.6 against the appellant and two other acquitted persons. Accordingly, the appellant and two acquitted persons were put to trial. The plea of the appellant was complete denial and false implication on account of previous ill feeling.

(3.) The prosecution in order to bring home the charge, examined as many as 9 witnesses and exhibited 15 documents. Sari and saya of P.W.5 and lungi of the appellant were marked as M.Os. on behalf of the prosecution. P.W.5 is the victim & informant in this case, P.W.8 the scribe of the F.I.R., P.Ws.9 & 6 respectively are the 1st and 2nd Investigation Officers in this case. P.W.6 has proved Forwarding Report under Ext. 8 and Chemical Examination Report under Ext. 9. P.W.3 is the Medical Officer, who examined P.W.5 and P.W.2 is the Medical Officer, who had examined the appellant and two other acquitted persons. P.Ws. 1,4 & 7 are the seizure witnesses.