STATE OF ORISSA Vs. BANDHU BEHERA

JUDGEMENT

(1.) THIS Government Appeal is directed against the Judgment and order dated 26.9.1987 passed by the Asst. Sessions Judge, Rayagada in Sessions Case No. 7 of 1987 acquitting the Respondent of the charge under Sections 456/376 IPC.

(2.) THE case of the prosecution is that on 13.6.1986 at about 10 P.M. the husband of the victim left home for work. Ten minutes thereafter, accused -Respondent (a co -worker of the victim's husband) knocked the backside door of the house, pushed it and came inside. When the victim resisted, accused -Respondent shut her mouth by putting his hand, forcibly laid her down, removed the saree and committed rape on her. Meanwhile, her husband (P.W.3) suddenly came in through the front door to collect 'khoini' tin which he had forgotten to carry. Seeing him, accused -Respondent fled away from the spot through the back door. But P.W.3 chased and nabbed the accused -Respondent as he fell down on a heap of firewood. He was handed over to police and F.I.R. was lodged, on receipt of which investigation was taken up and after completion of the same, charge -sheet was submitted against the accused -Respondent.

(3.) IN order to prove its case, prosecution examined as many as seven witnesses including the victim and the doctor, and proved 23 documents, the defence examined only one witness. Learned Asst. Sessions Judge, who tried the case, by his Judgment dated 26.9.1987 acquitted the accused -Respondent of the charge under Sections 376/457 IPC with the finding that the ingredients of the offence of rape have not been proved and that even if sexual intercourse was there, there might have been consent for the intercourse.