MUNA @ RANJITA DALABEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Muna @ Ranjita Dalabehera faced trial in the Court of learned Sessions Judge, Phulbani in S.T. Case No. 85 of 2005 for offences punishable under sections 376/493/457/506 of the Indian Penal Code.

(2.) The prosecution case, in short, is that on 15.02.2005 night while the victim (P.W.3) and her elder sister (P.W.4) were sleeping in their house and the other family members were absent, the appellant forcibly opened the backside door of the house and entered into the bed room. Seeing the appellant, P.W.4 shouted but the appellant told her that he was in love with the victim and threatened her not to shout for which P.W.4 entered into another room. It is the further prosecution case that the appellant forcibly committed sexual intercourse with the victim for two times during that night despite her protest and thereafter, he slept with the victim till morning and when the parents of the victim came in the morning and knocked the door, the appellant fled away from the house through the backside door. The incident was reported to the parents by the victim and her elder sister. A panchayat was convened in the village but the appellant did not attend the panchayat and absconded for which the first information report was lodged on 21.02.2005 at Kattingia outpost.

(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 framed charges against the appellant as aforesaid on 18.08.2005 and since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.