JAYARAM KUMAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has filed this appeal challenging the judgment dated 18.02.2011 passed by the learned C.J.M.-cum-Assistant Sessions Judge, Kalahandi, Bhawanipatna in Sessions Case No. 8/04 of 2010 convicting the appellant under Sections 366-A/376(2)(f) of IPC and sentencing him to undergo simple imprisonment for 7 years and fine of Rs. 2000/-, in default to undergo S.I. for six months under Section 366-A, IPC and to undergo R.I. for 10 years and to pay a fine of Rs. 5,000/-, in default to undergo R.I. for one year under Section 376(1), IPC. The Trial Court directed the sentences to run concurrently.

(2.) The prosecution case is that on 18.09.2009 the victim girl, aged about eleven years had gone to school. But she having not returned to her house, her paternal grandmother, Panibudi Naik searched for her in nearby places along with other persons, but could not be able to trace her out On 20.09.2009 at about 8:00 A.M. the victim girl returned to the house in wretched condition and the informant ascertained from her that while she was returning from the school, on the way the appellant torn her dress and when she cried the appellant assuring her to purchase new dress, took her in his bicycle to a jungle and thereafter raped her which became unbearable on the part of the victim. When she raised protest, the accused did not listen and again raped her as a result of which she lost her sense. thereafter, the appellant sprinkled water on her face and she was again raped. On 20.09.2009 at 7:00 A.M. the accused left her in a bus and the victim came to her house. The victim's parents were working in Gujarat. The grandmother of the victim lodged report before the OIC, M. Rampur P.S. who registered a case and took up investigation.

(3.) During the course of investigation, the Investigating Officer, visited the spot, examined the victim and other witnesses, seized wearing apparels of the victim as well as the accused, sent the victim and the accused for medical examination, seized the biological fluid of the victim and the accused and seized the Anganwadi Register. Lastly, on completion of investigation he submitted charge-sheet against the accused under Section 366-A/376(2)(f), IPC.