BRAJA KISHORE PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Assistant Sessions Judge-cum-Chief Judicial Magistrate, Keonjhar, convicting the appellant under section 376 I.P.C. and sentencing him to undergo rigorous imprisonment for eight years and to pay one of Rs. 100/-, in default, to undergo rigorous imprisonment for one month.

(2.) The prosecution case is that Sasmita (P.W. 1), a minor girl (hereinafter referred to as the prosecutrix), and the appellant, a student of the College at Remuli belonged to the same village Ichinda. The prosecutrix was a student of the VIIth class in a school of a neighbouring village. As usual, in the evening of 22.2.1986 she went near a tank called Sanabandha to answer the call of nature. When she was returning home, the appellant embraced her from behind and as out of fear she raised alarm, the appellant gagged her mouth and threatened her. Then he took her to the fear by field and forcibly committed rape on her. After she was released, she ran towards her house. The appellant followed, caught hold of her near the village school, took her inside and forcibly committed rape on her for the second time. She came back home and reported the incident to her grand mother. Her father who was serving at a different place was called and after his arrival F.I.R. (Ext. 1) was lodged at Champua Police Station at a distance of 15 kilometers from the village. Investigation was commenced and the prosecutrix was medically examined. After close of the investigation charge-sheet was submitted against the appellant for having committed an offence under section 376 I.P.C.

(3.) The appellant completely denied that he had committed rape on the prosecutrix. His plea was that a proposal was initiated for the marriage of the prosecutrix with him and as they belonged to different castes and his parents disapproved of the marriage, a false case was foisted against him.