RAJA @ RAJENDRA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Raja @ Rajendra Naik faced trial in the Court of learned C.J.M.-cum-Asst. Sessions Judge, Boudh in S.T. No.03 of 1995 for offences punishable under sections 450 and 376(1) of the Indian Penal Code on the accusation that on 13.05.1994 at about 12.00 noon, he committed house trespass by entering into the house of Kalandi Behera (P.W.1) in order to commit an offence of rape and also committed rape on the victim "KB" (P.W.2), the wife of P.W.1.

(2.) The prosecution case, as per the first information report lodged by Kalandi Behera (P.W.1) before the officer in charge of Purunakatak police station is that on 13.05.1994 he had been to the house of one Keshaba Naik who is his caste man on account of daughter's marriage of the later. On that day at about 100 noon when P.W.1 returned home, he found that his wife (P.W.2) and the petitioner were engaged in sexual intercourse inside the house. P.W.1 suddenly locked the door (tatti) of the house and went to call the co-villagers including the father of the petitioner. By the time P.W.1 returned back, the petitioner fled away from the house cutting the door which was seen by others. The co-villagers told P.W.1 that they cannot settle the matter in the village and accordingly P.W.1 lodged the first information report.

(3.) During course of investigation, the I.O. examined the informant, recorded his statement, visited the spot, examined the victim and other witnesses, prepared the spot map Ext.13, seized the wearing apparels of the victim and prepared seizure list (Ext.1). He also seized the saree (M.O.I) and blouse (M.O.II) of the victim on being produced by her. The petitioner was arrested and his wearing apparels were seized. Both the petitioner and the victim were sent for medical examination to Medical Officer, Purunakatak Government Hospital and then to District Headquarters Hospital, Phulbani where blood and saliva samples of both the petitioner and the victim were collected in sealed packets and requisition was made for collection of the vaginal swab of the victim as well as the semen of the petitioner. The wearing apparels of the victim as well as the petitioner were forwarded to S.F.S.L., Rasulgarh, Bhubaneswar for chemical analysis and after completion of investigation, charge sheet was submitted against the petitioner on 10.08.1994 under sections 450 and 376 of the Indian Penal Code.