ASHOK SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) -THE appellants in all the four appeals have been convicted for commission of offences under Sections 341/376 (2) (g)of the Indian Penal Code and each one of them has been sentenced to undergo r. I. for life and pay fine of Rs. 10,000 for conviction under Section 376 (2) (g) of the I. P. C. but not separate sentence has been awarded for their conviction under Section 341 of the i. P. C. by the learned Ad hoc Additional district and Sessions Judge (Fast Track Court), rourkela in S. T. No. 93/13/2003.

(2.) PW9 is the victim and the informant. On 31. 7. 2002 she lodged an information before the O. I. C. Tangarpali Police Station, rourkela alleging therein that at about 7. 30 p. m. on that date she was taking "gup chup" in the local Laxmi market. Accused persons Baya, Junul, and Tuklu with others namely Chhotu, Fagu, Deba, Tempo were standing nearby. Accused Baya enquired from her as to whether she returned from her work or not. She did not respond to such query and proceeded towards her house. Deba (PW11) followed her and informed her that she was required by Tuni of Nabakrishna Nagar. Since she was having love intimacy with said Tuni, she went towards the house of Tuni. On the way accused Baya, junul and Tuklu met her and accused Baya challenged her saying as to why she did not answer to the query made by him while taking "gup Chup" and threatened to see her. Thereafter all the above three accused persons bodily carried her into the Nitrate Plant premises, gagged her mouth, undressed her and ravished her. Wife of accused Baya shouted from a distance to leave her but they did not listen and took her to another room where she was again ravished by accused Ashok. After being raped by four persons, she lost her sense and when she regained sense, she found accused Junul and Tuklu who asked her to go to her house. They also came with her up to her house and went away. She having suffered severe pain slept in the night and informed her father's sister (PW10) about the incident since her father was absent in the house. After her father returned from jungle she informed about the incident to him and thereafter they came to the police station and lodged the information orally which was reduced to writing. She was sent for medical examination and investigation was initiated. On completion of investigation, charge-sheet was submitted for commission of the aforesaid two offences.

(3.) THE prosecution in order to establish the charges examined 15 witnesses, whereas one witness was examined on behalf of the defence.