PRAFULLA PADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 2.7.2005 passed by the learned Chief Judicial Magistrate -cum -Asst. Sessions Judge, Balangir (hereinafter referred to as "the C.J.M.") in Sessions Case No. 116 -B/20 of 2004 convicting the accused -Appellant for the offence under Section 376 of I.P.C. and sentencing him thereunder to undergo R.I. for 10 years and to pay a fine Rs. 5,000/ - and in default of payment of fine, to undergo R.I. for a further period of one year.

(2.) SHORN of unnecessary details the prosecution case is that on 20.5.2004 at about 10.00 A.M., on a Thursday while P.W.9, a young girl of about 16 years old was going to her cultivable land to collect firewood, on the way near a Palash tree, the accused forcibly caught hold of her, laid her down on the ground, undraped her inner garment (Chadi) and forcibly committed sexual intercourse without her consent and against her will. The victim struggled to release herself from the clutches of the accused but in vain. So, she raised hulla hearing which, Bariha Biswal, father of the victim, P.W.4, Arjun Biswal P.W.5, Upendra Bisi, P.W.6 and Chaitan Biswal, brother of the victim P.W.7, all of whom were working in the nearby brick kiln of Khirodra Pradhan (P.W.13) rushed to the spot, at the sight of whom the accused took to his heels. They all saw the victim to have sustained injuries on her back and left elbow joint and brought her home. As P.W.4, father of the victim was illiterate, on the same day he went to the village Santika to call his brother -in -law, P.W.12 to accompany him to the Police Station, but he was found absent. So, P.W.4 intimated the fact to his wife and told her to send her husband to his house on the next day. Accordingly, on the next day of occurrence, P.W.12 went to the house of P.W.4 and thereafter, P.Ws.12, 9 and 3 (mother of the victim) went to Salebhata Out Post to lodge report but found the A.S.I. absent. On the next day, they went to Salebhata Out Post and again found the A.S.I. absent. So, one constable sent them to Loisingha Police Station. Accordingly, on 21.5.2004 they went to Loisingha Police Station, where P.W.9 lodged a written report before the S.I. of Police, P.W.15. As the allegation contained in the F.I.R. revealed a cognizable case under Section 376 of I.P.C., P.W.15 registered P.S. Case No. 49 of 2004 and took up investigation. In course of investigation, he examined the witnesses, sent the victim and the accused for medical examination, visited the spot, seized the wearing apparels of the victim, the Admission Register of Rampur High School, where the victim was reading, seized the Lungi of the accused and after completion of investigation finding a prima facie case under Section 376 of I.P.C. submitted charge sheet there under against the accused. The Case having been committed to the Court of Sessions Judge, Bolangir was transferred to the Court of Chief Judicial Magistrate, who framed charge under Section 376 of I.P.C. against the accused and on his denial to the charge, commenced the trial.

(3.) AFTER assessing the evidence on record, and mainly basing on the evidence of P.Ws.4, 5, 6, 7, 9 and the doctor P.W.16, the trial Court found the accused guilty under Section 376 of I.P.C. and convicted and sentenced him there under as noted earlier.