SRIDHAR BINDHANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) For Rukmini. a child aged about 10 years, 11th day of October, 1980 was the saddest day, for at 10.30 p.m. Sridhar Bindhani (hereinafter referred to as the 'appellant') a middle aged man of about 45 years, committed rape on her and after trial was convicted by the learned Assistant Sessions Judge, Balasore, for the offence under S. 376, I.P.C. and was sentenced to undergo rigorous imprisonment for three years. Criminal Appeal No. 79 of 1981 was preferred against the order of conviction and sentence in the Court of the learned Sessions Judge, Balasore, but when the respondent (State of Orissa) preferred Government Appeal No. 112 of 1981 for enhancement of the sentence, the Criminal Appeal was brought on transfer to this Court (registered as Criminal Appeal No. 180 of 1983) for analogous hearing of both the appeals. Both of them are disposed of by this judgment.

(2.) Prosecution case in short is that P. W. 1, father of Rukmini (P. W. 7) and the appellant are neighbours in village Sahajipatna, a short distance away from Remuna Police Station of Balasore District. In the night of occurrence, Rukmini took her night meal in the house of her father (P. W. 1) and came to sleep in the nearby house of her maternal grand-mother, not far from the house of the appellant. At about 10 p.m. she came out of the house to pass urine by the side of the village lane. While she was doing so, the appellant arrived and all of a sudden gagged her mouth with cloth, physically lifted her while she was almost naked and carried her inside his own cow-shed. He spread a gunny bag on the floor, made Rukmini lie thereon and then sexually, assaulted her. Some time thereafter leaving the helpless child alone he went away. Rukmini had profuse bleeding from her private parts and in that condition while crying she limped her way to the house of her maternal grand-mother and narrated the entire incident to her in the presence of her mother. P. W. 1 and other witnesses arrived and she repeated the story before them. On account of profuse bleeding, she needed immediate medical treatment and so P. W. 1 carried her on his shoulders and accompanied by a few other witnesses proceeded towards the Primary Health Centre, Remuna. On the way, the party stopped in front of the house of the appellant and called him. She once again repeated the incident and pointed her accusing finger at the appellant who hung down his head in shame. At the Primary Health Centre, the medical officer examined and treated her, but the bleeding did not stop. Therefore, he referred her for better treatment at the District Headquarters Hospital, Balasore. She was brought there by an ambulance the same night and was further examined and treated. P. W. 2 lodged F.I.R. (Ext. 2) and immediately investigation commenced. The appellant was arrested and after the investigation was over, he was charge-sheeted for having committed rape on a minor girl.

(3.) The appellant denied the charge of rape and took the defence that on account of enmity with P. W. 1, a false case was brought against him.