BIRSING MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Birsing Munda faced trial in the Court of the learned Asst. Sessions Judge, Jajpur Road in C.T. Case No. 275 of 2013/C.T. Case No. 67 of 2013 for the offences punishable under sections 341/376/506 of the Indian Penal Code for wrongfully restraining the victim on 28.02.2013 at about 2.00 p.m. while she was returning home after taking bath and taking her forcibly inside the orchard situated near Damasala Nala of village Ghagiasahi under Kaliapani police station and committing rape on the victim and also criminally intimidating her.

(2.) The prosecution case, as per the First Information Report lodged by the victim girl is that on 28.02008 afternoon at 00 p.m., she had been to Damsala Nala near her village Ghagiasahi for bathing and after taking bath, while she was returning home, on the way the appellant wrongfully restrained her and forcibly lifted her to a nearby orchard and committed rape on her.

(3.) On the basis of such FIR lodged before the Inspector-in-charge, Kaliapani Police Station, Kaliapani P.S. Case No. 14 of 2013 was registered on 28.2.2013 for the offence under section 376 of the Indian Penal Code against the appellant.