HAN KHILLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has been convicted under section 376. Indian Penal Code and sentenced to undergo R.I. for ten years and to pay a fine of Rs. 2,000/- in default to undergo R.I. for further period of six months.

(2.) The victim, a married lady was engaged for collection cashew-nuts. On 26-4-1990 the date of occurrence, she along with others had gone for collecting cashew-nuts. The accused came stealthily from behind and thereafter committed rape on the victim. The victim disclosed about the incident to other labourers and subsequently after returning home she narrated the incident before her husband who went to the Outpost. On the basis of the statement of the husband, initially station diary Entry No. 347 dated 27-4-1990 was made which was subsequently treated as formal F.I.R on 28-4-1990. Thereafter, the victim and the accused were examined by a doctor. On completion of investigation, charge sheet was submitted.

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