BHATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has been convicted under Sec. 376, Indian Penal Code, and sentenced to undergo R.I. for 5 years and to pay a fine of Rs. 500/-, in default, to undergo R.I. for 1 year. The aforesaid order of conviction and sentence having been sustained by the appellate Court, the present revision has been filed.

(2.) The prosecutrix and the accused are Co-villagers. It is alleged that on 24-7-1986, the victim had gone to the house of the father of the petitioner to bring her wages. She brought the wages in shape of paddy in a basket and left for her home. It is alleged that on the way the petitioner committed rape on her. It is further alleged that the occurrence was seen by a Co-villager, PW 2. The victim reported the matter before her parents and thereafter the FIR was lodged the next day by the father of the victim.

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