JAGADISH BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Jagdish Behera faced trial in the Court learned Asst. Sessions Judge, Patnagarh in Sessions Case No.93- B/21 of 2005 for offence punishable under section 376(2)(f) of the Indian Penal Code for committing rape on the victim who was a minor girl aged about 4 years on 18.05.2005 at about 8 a.m.

(2.) The prosecution case, as per the first information report lodged by P.W.2 Dr. Sudhir Kumar Meher on 21.5.2005 before the officer in charge of Khaprakhol police station is that on 18.5.2005 at about 8 a.m. while his daughter (victim) was playing in front of the house and she went into the house of the appellant who was a neighbour, the appellant opened the pant of the victim as well as his own pant and inserted his penis into the private parts of the victim. It is further mentioned that at that time, the victim was aged about four years and was reading in Saraswati Sishu Mandir. The occurrence was disclosed by the victim in the night before the informant as well as his wife.

(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 charged the appellant under section 376(2)(f) of the Indian Penal Code on 01.02006 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.