BALARAM ROUT Vs. STATE

JUDGEMENT

(1.) The petitioner challenges the order of conviction and sentence imposed concurrently by the trial Court and the appellate Court convicting the petitioner under Section 376, Indian Penal Code (in short, the "I.P.C.") and sentencing him to undergo rigorous imprisonment for four years. The petitioner along with co-accused was prosecuted. The petitioner was charged under Section 376, whereas, the co-accused was charged under Section 376/114, I.P.C.Both the accused persons were also charged under Sections 342 and 392, I.P.C.The trial Court acquitted both the accused persons of the charges under Sections 342 and 392, I.P.C.However, the petitioner was convicted under Section 376 and the co-accused was convicted under Section 376/114, I.P.C.Both were sentenced to undergo rigorous imprisonment for four years. The present petitioner filed Criminal Appeal No. 156 of 1987, which has been dismissed.

(2.) As per the prosecution case, while the prosecutrix (P.W.1) had gone to attend call of nature in the night of 18-7-1986, she was forcibly taken to a nearby house by both the accused where she was raped by the present petitioner. While she came out from the said house she met some co-villagers and disclosed about the occurrence in the presence of the elder brother of her husband. It is further alleged that on the next morning while she was going to the house of her sister's husband carrying an attache with her, both the accused persons obstructed her, took her inside the house of the present petitioner and gave her some tablet as a result of which she lost her senses. After getting back her senses, she found that except two sarees all other articles including cash and ornaments had been taken away from her attache. A meeting of the villagers was called, but as no decision could be taken, subsequently, F.I.R.was lodged by the prosecutrix.

(3.) As already indicated, the trial Court acquitted both the accused persons of the charges under Sections 342 and 392, I.P.C.However, relying upon the evidence of the prosecutrix (P.W.2) as corroborated by the post-occurrence witnesses, both the Courts below have convicted the petitioner under Section 376 and the co-accused under Section 376/114, I.P.C.