KRUSHNA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANTS Krushna Naik and Arjun Gouda were tried together with the acquittal accused Landa @ Nilamadhab Behera in Sessions Case No. 31 of 2001 (S.C. No. 241 of 2001/GDC) in the Court of Additional Sessions Judge, Bhanjanagar for the offence under Section 376(2)(g), I.P.C. read with Sections 3(1)(iii), 3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [in short 'the act, 1989']. By the impugned Judgment delivered on 03.12.2003, learned Additional Sessions Judge found the Appellants guilty of the offence under Section 376(2)(g), I.P.C. and accordingly convicted them thereunder and sentenced to imprisonment for life and to pay fine of Rs. 2,000/ - (two thousand). Appellants, however, were acquitted of the charges under Section 3(1)(iii), 3(1)(xi) & 3(2)(v) of the Act, 1989 on the ground that investigation was not conducted by a duly qualified officer under Rule 7 of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Rules, 1995 [in short 'the Rules, 1995']. Since the prosecutrix (P.W.1) did not allege anything against accused Landa @ Nilamadhab Behera, therefore he was honourably acquitted of all the charges.

(2.) PROSECUTION cases, as reveals from the record, is that on 21.10.2000 at about 11 A.M. the prosecutrix was returning from the river Bantuli after taking her bath. She is an 'Adivasi' woman and was wearing a sari alone. When she came upon the river -bank, she was obstructed by the three accused persons. While demanding for sex with her, one of the accused showed a sickle to terrorise the victim. On her attempt to snatch away the sickle, she sustained bleeding injury on her fingers. Thereafter she was forcibly lifted on to the nearby bush and was made to lie on the creepers on the ground and was ravished by the accused persons one after the other. After the first round of sexual intercourse was over by each of the accused, one of them did it for the second time and when the second one was involved in the act, the victim (P.W.1) could hear the sound of a person coming to the river 'Ghat'. Thus, she shouted for help and Purushottam Mallik, a co -villager of P.W.1 responded from the footpath. At that, the accused persons fled away. Being alone, Purushottam Mallik could not dare to chase them. P.W.1 narrated the incident to him and thereafter again washing herself she returned to home. She narrated the incident to her husband's elder brother's wife, i.e., P.W.3, and she consoled her and advised to wait till their husbands return from the jungle. At about mid night time when her husband (P.W.2) returned from the forest, then she narrated the incident to him. After consoling her, P.W.2 went to attend a funeral function in his sister's house in his village and returned to the village on the following day (22.10.2000) at about 9 a.m. Then he intimated the aforesaid incident to the co -villagers including P.Ws. 4, 5 and one Chakradhar Mallik. On the next day, i.e., on 23.10.2000 the aforesaid three persons together with P.W.1 and her husband P.W.2 proceeded towards the village of the accused persons, i.e., Kesharipatna. At the village square P.W.1 saw the three culprits standing and identified them. Chakradhar Mallik had known them previously and therefore he questioned them as to why the accused persons ravished P.W.1. At this the accused persons retaliated and because of the blow dealt by accused Krushna, Chakradhar sustained injuries and succumbed. It may be noted here that, for the aforesaid incident a separate sessions case was booked and the accused persons were tried separately for the charge under Section 302/34, I.P.C. After the aforesaid violence by the accused persons, police reached at the spot and P.W.1 and her companion who had scattered in the meantime again come to the spot on seeing the police and there P.W.1 verbally reported the incident of gang rape and that was reduced to writing by the Investigating Officer. Ext.1 is that F.I.R.

(3.) DENYING to the charge, the accused persons claimed for trial.