AMBARISH DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the Judgment and order of conviction passed by learned Addl. Sessions Judge, Balangir in Sessions Case No. 83/13/12 of 1996 -97 convicting the Appellant Under Section 376 of the Indian Penal Code (in short, I.P.C.) and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/ - in default to undergo R.I for a further period of six months.

(2.) THE relevant facts from the evidence of the prosecution are that a seven years old girl was sexually assaulted by the Appellant. It is alleged that the victim was a student of Class II in the Saraswati Sisu Mandir, where the accused was a teacher. The accused along with his friend had opened a private coaching center at Malpada, Balangir under the name of 'Dynamic Coaching Centre'. The victim was also a student in the said coaching centre and was attending the coaching classes in the morning hour. The accused used to carry the victim to the coaching centre and was bringing her back to her house after the coaching. On 25.11.1995, Saturday students of Saraswati Sisu Mandir had gone on a picnic, but the victim did not participate in the picnic. At 7 A.M., the accused took the victim to the coaching centre by his cycle and left her near her house at about 9.20 A.M. On arrival at the house, the victim girl started crying and disclosed before her mother (P.W.5) that the accused assaulted sexually on her. The victim girl disclosed before her mother that when she cried due to sexual assault by the accused, the Appellant threatened her to kill and thereafter brought her by his cycle and left her near the house. While the Appellant was bringing her back, he threatened the victim of assault in case she discloses the incident before anybody. The victim further stated to her mother that almost every day the accused used to open her pant and caress her private parts by his fingers. Out of fear of assault by the accused, she was not disclosing the fact earlier. Since the sexual assault on the date of occurrence had pained the victim, she disclosed the facts before her mother and expressed her reluctance to go to the coaching center. While the victim was crying, the father of the victim P.W.4 -informant got up and ascertained the entire incident from his wife, P.W.5 and became dumb -founded. P.W.4 -the father of the victim was reluctant to lodge the F.I.R. as if would affect the future life of the girl. However, he lodged a written report on 28.11.1995 before the LLC, Town P.S., Balangir, who registered a case and took up investigation. After completion of investigation, charge sheet was filed against the accused. As the accused absconded, he could not be medically examined. After filing of the charge sheet, the accused surrendered in Court.

(3.) IN order to prove its case the prosecution has examined as many as eight witnesses in all. P.W.1 is said to be a colleague of the accused at the coaching center who has turned hostile; P.W.2 is a lady doctor, who examined the victim on police requisition; P.W.3 is a witness to the seizure of the wearing apparels of the victim; P.W.4 is the father of the victim and the informant; P.W.5 is the mother of the victim; P.W.6 is the son of the owner of the house where the accused was running the coaching center; P.W.7 is the victim herself and P.W.8 is the investigating officer.