SIBA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, having been convicted for commission of offence under Section 376(2)(f) of the Indian Penal Code, 1860 (in short "the IPC") on 05.10.2010 and sentenced to undergo R.I. for ten years and to pay a fine of Rs.20,000/- in default to undergo R.I. for one year with a further direction to set off the U.T.P period already undergone, has preferred this appeal from jail.

(2.) The factual matrix leading to the case of prosecution is that on 15.11.2009 at about 2.00 PM, while the father and mother of the victim girl, who is aged about 5 years, had been to their work, the appellant entered the house of the informant and after removing the dress of the victim girl, committed sexual intercourse with her forcibly. When she cried, the appellant left the house. The parents of the victim girl came back at about 2.30 PM and the victim narrated the incident to them. Thereafter, the father of the victim girl searched for the appellant and finally informed the police. During investigation by the police, witnesses were examined, wearing apparels of the victim girls were seized. The police sent the victim girl and the appellant for their medical examination. Police also sent the seized property for chemical examination and after completion of the investigation, charge sheet was submitted.

(3.) The plea of the defence is complete denial to his complicity with the commission of offence and he pleaded innocence.