KARTIKA MUNDA & ANR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants Kartika Munda and Menja Munda faced trial in the Court of learned Sessions Judge, Keonjhar in Sessions Trial Case No. 153 of 2007 for offences punishable under Section 376(2)(g) and 307 of the Indian Penal Code.

(2.) The prosecution case, as per the first information report lodged by the victim (P.W. 5) on 05.03.2007 before the Inspector in charge of Town Police station, Keonjhar is that on 04.03.2007 in the evening hours while the victim was returning home from the weekly market, one person who was residing in the house of one Makuru munda (his name was unknown to the victim) and his associate lifted her to an isolated place and committed rape on her and also inserted one Amari stick inside the vagina of the victim. It is further stated in the first information report that one Janaki Munda is an eye witness to the occurrence. The victim was the mother of three children and after the death of her husband, she was staying with her mother. After the incident, the victim was treated at Keonjhar hospital.

(3.) Mr. Ambika Prasad Das, S.I of Police, Town police station, Keonjhar on receipt of the written report from the victim, in absence of the Inspector in charge, registered Keonjhar Town P.S. Case No. 36 of 2007 on 05.02007 under Section 376(2)(g)/307 of the Indian Penal Code against unknown persons and directed P.W. 6 Dibyakanti Lakra, S.I. of Police to take up investigation of the case. During course of investigation, P.W.6 examined witnesses, visited the spot, arrested the appellant No. 1 Kartika Munda and seized one Amari stick (M.O.I) on 07.02007 as per seizure list Ext.2. The wearing apparels of appellant No. 1 were seized under seizure list Ext.5 and he was sent to District Headquarter Hospital, Keonjhar for his medical examination. Subsequently the appellant No. 2 Menja Munda was also arrested and he was also sent for medical examination. The Investigating Officer seized the wearing apparels of the victim on 16.02007 as per seizure list Ext.8 and forwarded the material objects to S.F.S.L Bhubaneswar for chemical examination through Court After completion of investigation, P.W.6 submitted charge sheet on 27.06.2007 under Sections 376(2)(g)/307 of the Indian Penal Code.