LAKI HARIJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has been convicted by the Asst. Sessions Judge, Jeypore, under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2,000/-, in default, to undergo rigorous imprisonment for six months. The judgment of the trial Court having been confirmed in appeal by the Sessions Judge, the present revision has been filed.

(2.) As per the prosecution case, on the date of incident i.e. 10-3-1991 when the victim, P.W. 1, was going to village Ekataguda at 11 a.m., the accused came and caught hold of the victim and committed rape. Thereafter, the victim disclosed about the incident before P.W. 2, a co-villager and before P.W. 3, her mother. On the same day F.I.R. was lodged by the victim. The victim was medically examined, her wearing apparels were seized and sent for chemical examination. The accused was also medically examined and subsequently on completion of investigation charge-sheet was filed.

(3.) The plea of the accused was one of denial.