PIYUS KANDULANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant assails the judgment of conviction and order of sentence passed by the learned Addl. Sessions Judge, Sundargarh in S.T. Case No. 118/01 of 2014-15 for the offence under sections 457/376 (1) of I.P.C.

(2.) The factual matrix leading to the case of the prosecution is that on 24.2014 night while the victim was sleeping with her children in her house, the appellant entered into the house of the victiminformant. After entering into the house, the appellant forcibly made intercourse with the victim. When she objected, the appellant assaulted him. On the next morning when the husband of the victim came to the house, she narrated him the incident. Then F.I.R. was lodged by the victim before the police. During investigation the police sent the victim and the appellant for medical examination and seized the wearing apparel of the victim and appellant. The police sent the seized materials for chemical examination. During investigation the statement of the victim was recorded under section 164 Cr.P.C. After completion of investigation, the police submitted charge sheet under sections 457/323/376 of I.P.C.

(3.) The plea of the appellant as revealed from the statement recorded under section 313 of Cr.P.C. and the suggestion given during cross-examination to the prosecution witnesses, is squarely denial to the occurrence and he has been falsely implicated in this case due to previous enmity with the husband of the victim and he pleads innocence.