JAGA PENTHEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Jaga Penthei faced trial in the Court of learned Adhoc Additional Sessions Judge (Fast Track Court), Champua in S.T. Case No.20/57 of 2008 for offence punishable under section 376(2)(f) of Indian Penal Code for committing rape on the minor daughter of the informant (hereafter 'the victim') under twelve years of age on 13.09.2007 at about 3.00 p.m. near Kendudihi Nala under Barbil police station in the district of Keonjhar.

(2.) The factual matrix of the prosecution case, as per the first information report lodged by one Shyam Penthei (P.W.6) before Inspector in charge, Barbil Police Station, Keonjhar is that on 13.09.2007 at about 3.30 p.m. while the victim had been to take bath to the Kendudihi Nala and changing her dresses after taking bath, at that time, the appellant arrived there and forcibly lifted the victim from that place to the nearest bushes and committed rape on her. The victim came back to her house crying and disclosed about the occurrence before the informant and then when the sister-in-law of the victim confronted her, she also disclosed the same thing. The informant communicated about the incident to ward member Suresh Chandra Naik (P.W.3) and on 16.09.2007 there was a meeting in which the appellant confessed his guilt. The appellant was handed over to the village panchayat but subsequently the appellant managed to escape.

(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 section 376(2)(f) of Indian Penal Code on 25.04.2008 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.