LIMALA KAMUDU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the Judgment and Order Dated 25.03.1989 passed by the Learned Addl. Sessions Judge, Parlakhemundi in S.T. Case No. 2 of 1989/S.T. Case No. 135 of 1988 GDC convicting the Appellant under Section 376, IPC and sentencing him to undergo rigorous imprisonment for six years.

(2.) CASE of the prosecution is that on the night of 23.06.1988, Misala Parama @ Parbati (P.W.1) was sleeping on the outer verandah of the house of P.W.2. At about 12.00 P.M., accused came to that place, removed her clothings & forcibly cohabited with her. P.W.1 raised hullah, hearing which P.W.2 woke up and saw the accused fleeing away from the spot. Next morning, P.W.1 went to the house of the Sarpanch and told him about the incident. The Sarpanch called the accused, but he did not respond. The Sarpanch advised P.W.1 to report the matter to the police. Thereafter, P.W.1 lodged FIR before Kasinagar P.S., on receipt of which the case was registered and investigation commenced. On completion of investigation, final form was laid against the Appellant for commission of offence under Section 376, IPC.

(3.) IN order to prove its case, prosecution examined as many as ten witnesses including the two doctors and the I.O. and exhibited documents. Defence examined none.