MAHENDRA KUMAR MUDULI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner was prosecuted under Section 376 Of the Indian Penal Code and was convicted by the Assistant Sessions Judge, Cuttack and sentenced to undergo R.I. for five years, but in appeal the conviction under Section 376 of the Indian Penal Code was modified to one under Section 354 of the Indian Penal Code and the sentence reduced to R.I. for one year and to pay fine of Rs. 1,500/-, in default to undergo R.I. for a further period of six months with a direction that out of the fine amount, if realised, a sum of Rs. 1200/- will be paid to P.W.3, the victim girl. Being aggreived by such conviction and sentence, the petitioner has preferred this revision.

(2.) The prosecution case in a sketch is that P.W.3, a minor girl aged about 13 to 14 years had, in the evening at about 7.00 p.m. on 30-4-1985, gone to the grocery shop in the village. While returning with the groceries she was caught hold of from behind by the petitioner, lifted by him and taken to a lonely place where he committed rape on her. Hearing her cry, P.W.2 and some others came on the& pot and seeing them the petitioner ran away leaving the P.W.3. At the same time her maternal uncle Dibyasingh Muduli also reached there. P.W.3 went to the father of the petitioner in his shop and complained before him whereupon he sent her home though her maternal aunt assuring her to take up the matter. P.W.3 coming to the house with her aunt narrated the incident to her mother and brother (P.W.l) who on the next day got her medically examined at the Primary Health Centre, Bentakar and from there went and lodged the information with the police who also referred P.W.3 for medical examination at the S.C.B. Medical College Hospital. Such examination was made on 3-5-85 and after the investigation was completed, charge sheet was submitted under Section 376 of Indian Penal Code against the petitioner.

(3.) The petitioner adopted the defence of the allegations against him being completely untrue and to have been foisted against him because of the enmity of his father with the maternal uncle of P.W.3 between whom long standing litigations were pending.