PINKU @ BHISMANANDA DHARAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since both these criminal appeals have been directed against the impugned judgment of conviction and order of sentence dated 14.05.2010 rendered by the learned Adhoc Addl. Sessions Judge, Sundargarh in S.T. Case No.189/61 of 2009, they are heard together and are disposed of by this common judgment to avoid any conflicting finding.

(2.) By the impugned judgment, the learned Adhoc Addl. Sessions Judge, Sundargarh has convicted the appellants under Sec. 376(2)(g) of the Indian Penal Code (for short "I.P.C.") and sentenced each of them to undergo R.I. for ten years and to pay a fine of Rs.3,000.00, in default, to undergo R.I. for a further period of three months.

(3.) Prosecution case against the appellants as embodied in the impugned judgment of the Court below reveals that on 19.08.2008 at about 5 p.m. while the victim, a 12 years old female child, changing her school uniform on arrival home from school, and was alone in the house, her elder brother (P.W.2) having been to river for taking evening bath; the appellants along with another, namely, Kanha @ Manoranjan Pandey (a juvenile in conflict with law) surged into the house. Without providing any opportunity to the victim either to escape or to make loud noise to attract the passerby, appellant - Ranjan Bhoi gagged her mouth forcibly, laid her on a cot of that house, removed her inner garments, mounted on her body and forcibly thrusted his male organ inside the female genitalia of the victim. When the victim struggled to escape, Manoranjan Pandey caught hold of her hands to facilitate appellant - Ranjan Bhoi to commit the sexual intercourse. After appellant - Ranjan Bhoi satisfied his lust, he allowed Manoranjan Pandey to commit sexual intercourse against the victim. Appellant - Ranjan Bhoi caught hold of the victim to facilitate sexual assault by Manoranjan Pandey on the victim. During that turbulent period, appellant - Pinku @ Bhismananda Dharai all through stood guard near the front ingress of the room for facilitating his associates to commit sexual assault one after the other without any fear. At that juncture, the brother of the victim, namely, Deepak Sharma (P.W.2) reached home from river after taking bath and at his sight the appellants took to their heels. Once Deepak Sharma (P.W.2) entered the house he found Manoranjan Pandey still wearing his trouser who too made good his escaped in a flash. P.W.2 found his sister crying. Being asked, she narrated before him that appellant - Ranjan Bhoi and Manoranjan Pandey committed forcible sexual intercourse with her while appellant - Pinku @ Bhismananda Dharai stood guard at the door to facilitate the aforesaid persons to satisfy their sexual lust. P.W.2 immediately sent intimation to his parents and divulged the incident before the neighbours. Around 6.30 p.m. when the victim's parents arrived she disclosed before them as to what had happened and how she was sexually ravished by the appellant - Ranjan Bhoi and juvenile in conflict with law - Manoranjan Pandey and how appellant - Pinku @ Bhismananda Dharai helped them to commit sexual assault by keeping watch near the door. Since it was raining, no information could be lodged at the Police Station on that night. On the next morning P.W.2 got the report scribed by his friend (P.W.8) and lodged the report at Sundergarh Police Station where after investigation was taken up, the victim was medically examined, incriminating materials were seized, appellants and Manoranjan Pandey were arrested and subsequently on completion of investigation charge-sheet was laid against the appellants under Sec. 376(2)(g) of IPC. The case against Manoranjan Pandey was separately dealt with by the competent forum as he is a juvenile in conflict with law. On the basis of the materials placed, the learned trial court framed charge against the appellants under the aforesaid Section, it was read over and explained to the appellants to which they pleaded not guilty and claimed to be tried. The prosecution examined eleven witnesses in all and exhibited documents marked as Ext.1 to Ext.12 besides the wearing apparels of the victim and the juvenile - Manoranjan Pandey were also produced and marked as M.O.I to M.O.V respectively. On conclusion of the trial, the learned trial court found the appellants guilty under Sec. 376(2)(g) of Penal Code and sentenced them as aforesaid.