KANDHA MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Through this appeal, the appellant has called in question his conviction and sentence for the offence under Sec. 376 of the Indian Penal Code, 1860 (for short "the IPC") recorded by the learned Addl. Sessions Judge, Sambalpur in S.T. No.290/15 of 2010-11 wherein he has been sentenced to undergo R.I. for ten years and to pay a fine of Rs.5,000.00, in default, to undergo R.I. for a further period of six months.

(2.) According to the prosecution, the victim, a young illiterate rustic 14 years old female, was subjected to rape by the appellant on 08.08.2010 around 8 p.m. At the relevant time the victim was enroute home from a nearby grocery shop. Finding her alone in a lonely land the appellant is an erotic impulse caught hold of the victim, gagged her mouth and physically lifted her to a nearby dilapidated cowshed where forcibly removed her wearing apparels and ravished her sexually. The victim offered resistance and tried to escape, but could not extricate herself from the clutch of the well-built rapist. However, she raised alarm to attract nearby persons. Hearing her alarm, her sister - Biswa Munda (P.W.3) and her brother-in-law-Krushna Munda (P.W.4) rushed to that spot and found the appellant still ravishing the victim. On their arrival, the appellant took to his heals. In paroxysm of despair and frustration, the crestfallen victim with tears rolling down her cheek, ouch in pain narrated before them as to how the appellant finding her alone in that lonely lane gagged her mouth and physically lifted her from the road to that nearby dilapidated cowshed and ravished her despite her protest. Hearing such hype and hoopla over the issue, other relatives of the victim and several other villagers also arrived at the spot. The victim also narrated before them that unfortunate incident. On the next day, her paternal uncle (P.W.2) lodged F.I.R. at Ainthapali Police Station whereupon P.S. Case No.237 dated 09.08.2010 was registered, investigation commenced, victim was referred for medical examination, her wearing apparels were seized, appellant was arrested and also subjected to medical examination, his pant was seized, and on completion of investigation charge-sheet was laid against the appellant under Sec. 376 of IPC. Offence alleged against the appellant being exclusive triable by the Court of session, the case was committed to the Court of Session at Sambalpur.

(3.) The learned counsel for the appellant contended that when medical evidence does not support the case of rape and particularly when the evidence of the victim in the peculiar facts and circumstances does not inspire confidence, conclusion of guilt recorded by the trial court is unsustainable and deserves to be set-aside.