TUNA @ CHURUKA @ NIRANJAN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Aggrieved by the judgment of conviction under Section 376(2)(f). 448 of IPC and sentence of Rigorous Imprisonment for 7 years and a fine of Rs. 5000/- (Rupees Five Thousand only), in default, Rigorous Imprisonment for 1 year more under Section 376(2)(f) and Rigorous Imprisonment for 6 months under Section 448 of IPC passed by the learned Ad-hoc Additional Sessions Judge (FTC-I), Balasore in Sessions Trial No. 61/244 of 11/08, the appellant has filed this appeal from jail.

(2.) The prosecution case as per the FIR is that on 19.10.2007 at about 6 PM, the informant-Sanju Singh had gone out leaving her 3-year-old minor daughter-Litu Singh alone in the house. When she came back after sometime, she found the accused-appellant had entered inside her house and committed rape on the victim girl. On seeing the informant, appellant fled away. Informant shouted (chora, chora), went inside the house and found the wearing apparels of the victim-girl stained with blood and that she was bleeding from her private part and fallen unconscious. Informant sprinkled water on her face and the victim regained her sense and disclosed the name of the appellant who left her in that condition. Hearing the shouts of the informant, villagers came to the spot and chased the appellant but could not catch him. Informant submitted a written report, on the basis of which the OIC, Remuna Police Station registered the case under Section 376(2)(f), 448 of IPC and himself look up the investigation.

(3.) During course of investigation, the OIC examined the witnesses and issued requisition for medical examination of the victim and seized the wearing apparels of the victim and other materials. On completion of investigation submitted charge-sheet against the accused.