UMESH RAM Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant from inside the jail has preferred this appeal challenging the judgment of conviction and order of sentence dated 30.05.2015 passed by the learned Assistant Sessions Judge Special Track Court, Baripada in S.T. Case No. 32/253 of 2014.

(2.) Prosecution case in short is that on 29.08.2014 during the noon hour the victim-informant, P.W.1 with her husband, P.W.2 had been to the house of her daughter, P.W.3, at village Jharia near their village under the jurisdiction of the same police station. During the afternoon the daughter of the victim gave her father watered rice (Pakhal) in a bowl. No sooner did it was so served; the appellant snatched it away and abused P.W.2 using obscene words and assaulted him by means of split bamboo. When P.W.3, the daughter of the victim went to rescue her father, P.W.2, she was assaulted by fist blows and kicks. It is alleged that the appellant then chased P.Ws. 2 and 3 by brandishing an axe and for that reason they had to take shelter in the house of one Deba Ram of village Jharia. It is next alleged that as the appellant threatened the victim by brandishing the axe and directed her to remain in the house, the victim had no alternative before her but to abide by it. It is the further case of the prosecution that during the night when the victim slept inside the room, the appellant entered inside by scaling over the wall and committed rape on her. The victim though somehow managed to go outside the house, the appellant even in a naked condition chased her and on the way since the victim shouted, the appellant fled away. It is stated that the brother of the appellant then took the victim to the house of that person where P.Ws. 2 and 3 had taken shelter for the night where she narrated the incident.

(3.) With these allegations victim, P.W.1 having lodged the FIR at Rasgobindpur Police Station, P.S. Case No. 88 of 12014 on being registered, investigation commenced. On completion of the investigation, after recording the statements of the witnesses including that of the victim under section 164 of the Code of Criminal Procedure and the medical examination of the victim with the seizure of the incriminating materials, charge sheet has been submitted against the appellant to face his trial in the court of law for commission of offence under sections 294/323/341/342/ 506/ 376 IPC.