MANMATH BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has been convicted under Section 376, Indian Penal Code, and sentenced to undergo R.I. for seven years and to pay a fine of Rs. 2,000/-, in default to undergo R.I. for six months; under Section 366, Indian Penal Code, and sentenced to undergo R.I. for three years and to pay a fine of Rs. 500/- in default to undergo R.I. for three months; and under Section 377. Indian Penal Code, and sentenced to undergo R.I. for three years and to pay a fine of Rs. 500/- in default, to undergo R.I. for three months. Though he was also convicted under Section 323, Indian Penal Code, no separate sentence was imposed all the sentences were directed to run concurrently.

(2.) The prosecution case is as follows: In the night of 20-10-1990, the victim was travelling in a bus. On the way the bus stopped at Ramachandrapur and it was indicated that the bus would not to go Bato, the destination of the victim. The bus stopped near Ramachandrapur I.B. at about 1 A.M. The driver of the bus forcibly took the victim to a nearby place and the conductor and cleaner did not come to the rescue of the victim. The accused gave two or three slaps to the victim and subsequently raped her. He also committed offence under Section 377. Indian Penal Code, by inserting his penis inside the mouth of the victim. The victim after escaping ran towards a lighted house, which happened to be the police station. She lodged F.I.R immediately at about 1.30 A.M. in the night of 20-10-1990/21-10-1990. The victim and the accused were medically examined the next day. After completion of investigation charge sheet was submitted. The plea of the accused is one of denial.

(3.) The victim was examined as P.W. 5. Relying upon her statement as corroborated by post- occurrence witnesses (P.Ws. 1 and 2), the trial Court convicted the accused.