INDRAMANI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision petition is directed against the order of the learned 2nd Additional Sessions Judge. Bhubaneswar, confirming the order 'of conviction and sentence passed by the learned Assistant Sessions Judge -cum -Additional Chief Judicial Magistrate. Bhubaneswar.

(2.) THE petitioner (hereinafter referred to as 'the accused') was placed on trial in the Court of the Assistant Sessions Judge -cum -Additional Chief Judicial Magistrate, Bhubaneswar for commission of offence punishable under Sections 366 and 376, IPC. The case of the prosecution, in brief, in that on 30th November, 1989 in the afternoon, the prosecutrix, an unmarried grownup girl was ravished by her neighbour for which she decided to go to her village home at Amanakula for reporting the matter to her elder brother's wife. She boarded a Matador Van for proceeding to her village. On the way the Matador Van went out of order which led her to pick -up a public bus named as "Khetrapal" to go to her village. The accused was one of the driver of the said bus. He introduced himself to the prosecutrix and. became friendly with her. In course of conversation, he gained confidence of the victim girl. Both of them got down from the bus at Triveni Chhak. The accused volunteered to take and leave her to her village by bicycle. The prosecutrix proceeded with the petitioner on the bicycle but on the way the accused committed rape on her at a lonely place. The accused did not reach the victim girl to her village but brought her back to the bus stop by the same bicycle. They reached a Tea and Tiffin shop where the prosecutrix (Sakuntala) P.W. 12 met another man by name Prabhati Biswal (P.W. 10). The said Prabhuti Biswal volunteered to reach her village but returned back to the bus stop with the victim girl apprehending danger to himself in the odd hour of the night. They took shelter in the cabin of a tailor (P.W.2). The victim girl spent the whole night in the cabin of the tailor and the next day morning, the prosecutrix reached Bhubaneswar along with the Prabhuti Biswal (P.W.1). At Bhubaneswar, the prosecutrix did not go to her own house but reached the house of one of the friends of Prabhuti Biswal. The name of the friend of Prabhuti was Surendra Behera (P.W.3) where the victim girl washed her clothes and after they were dried up, she dressed herself and reached her residence. Thereafter, she disclosed the entire matter to her brother on interrogation. Later she reported the matter to police on 3 -12 -1989. On the basis of her statement, a case was registered and investigation started. The investigation resulted in the charge -sheet and the accused finally faced trial before the Assistant Sessions Judge which ended in his conviction. The defence was a plea of innocence.

(3.) THE prosecution examined as many as 16 witnesses including the prosecutrix. P.W.12 is the prosecutrix herself. It appears that the trial Court found the accused not guilty of the charge under Section 366, IPC but found him guilty of the charge under Section 376, IPC. The order of conviction and sentence was affirmed in appeal. The accused was sentenced to undergo R.I. for a period of five years and to pay a fine of Rs. 2,000/ - in default to undergo further R.I. for six months.