BHIKARI PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) A man starts to seek his origin when he cannot control his carnal desire and when he cannot control his such desire, he becomes a menace to the society. The present case illustrates a sordid tale of extreme brutality and raw unleashed sexuality where the appellant (hereinafter referred to as the 'accused') to satisfy his lust ravished the victim girl (name withheld) who at the relevant time was his student. On prosecution being launched, the accused faced trial under Section 376, IPC in the court of the learned Additional Sessions Judge, Cuttack, in S.T. Case No. 15 of 1992 and on conclusion thereof he was found guilty and consequently convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500/-, in default of payment of fine, to undergo rigorous imprisonment for a further period of three months.

(2.) The prosecution case culled out during trial may succinctly be stated as follows :The accused was a teacher at Dhanser Upgraded M. E. School where the victim girl aged 13 was prosecuting her studies in class VI. On the fateful day, that is, 6-12-1990 at about 7 p.m. the victim girl was returning home after attending call of nature. The accused who was then standing in his Bari asked her to come inside by uttering her name. No sooner she went inside, the accused removed her saree, made her lie on the ground and committed sexual intercourse with her. Due to such dastardly act she cried aloud, hearing which Kailash Chandra Sahu (P.W. 2), Haidhar Sahu (P.W. 5), Chaturbhuja alias Chhunchi Sahani (P.W. 10), Santhosh Kumar Samantrey (not examined) and Lochan Sahu (not examined) came on the spot and saw the accused lying naked upon the victim. They rescued the victim and brought her home where she narrated the episode to her mother, Kuntala Sahu (P. W. 6) and father, Gadadhar Sahu (P.W. 7). Some villagers coming to know of the unfortunate incident gathered at the house of P.W. 7 and in order to avoid publicity suggested him for a settlement in the village level. Accordingly meeting was convened twice and the accused was called to the said meeting but he avoided. Whereupon P.W. 7 went to the police station and lodged report which having been treated as F.I.R. Ext. 7, a case under Section 376, I.P.C. was registered and investigation was taken up. In course of investigation, the victim girl and the accused were sent for medical examination and on close of investigation, charge sheet was placed against the accused to face trial for the said offence.

(3.) The accused denied the indictment and pleaded that Haidhar Sahu, P.W. 3 with whom he had certain disputes set up the victim's father Gadadhar Sahu, P.W. 7 and foisted this false case.