DALU ALIAS SAILENDRA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) CHALLENGE in this appeal is to a judgment and order of conviction and sentence passed by the Asst. Sessions Judge, Khurda in ST. Case No. 7/467 of 1995/94 in its file. Learned Asst. Sessions Judge vide the impugned judgment of conviction and sentence held the Appellant guilty of charge Under Section 376 I.P.C. and sentenced him to undergo R.I. for 8 years and to pay a fine of Rs. 2,000/ - in default to undergo R.I. for two months more.

(2.) THE case of the prosecution against the Appellant is that the Appellant had brought the victim (P.W.9) along with her brother, when she was a child of 8 years old, from their native place and kept them in his house and engaged both of them as his domestic servants. Some years thereafter, the Appellant assaulted and drove out the brother of the victim from his house keeping the victim in his home. Subsequent to the same, when the victim attended her puberty and was aged about 16 years, the Appellant kept physical relationship with her. On the pretext of searching the brother of the victim, the Appellant took her along with him from place to place and continued to keep physical relationship with her in such places against her will and without her consent. Such relationship of the victim with the Appellant when came to the knowledge of the wife of the Appellant, the relationship between the Appellant and his wife became strain and as such the Appellant kept the victim in another place and there from he took her to Nayagarh and wrongfully confined her there, engaging "goondas". It is the further case of the prosecution that the victim conceived out of the physical relationship with the Appellant, but the same was aborted in a clinic at Bhubaneswar. The Appellant was also extending threat to the victim not to report the matter to the police, but on 1.5.1994 the victim could escape from the clutches of the Appellant and reported the matter to the I.I.C. Khurda on 8.5.1994, pursuant to which the present case in question was registered against the Appellant. After completion of investigation, charge sheet was submitted against the Appellant alleging offence Under Section 347/376 I.P.C. The Appellant in the trial court faced his trial being charged for the aforesaid offences. The trial court in the conclusion of the trial while acquitting the Appellant of the charge Under Section 347 I.P.C. held him guilty for the charge Under Section 376 I.P.C. and sentenced him as stated earlier.

(3.) IN response, learned Counsel appearing for the State submits that the evidence of the victim in this case that she was subjected to sexual intercourse against her will and without her consent by the Appellant being clear, cogent and confidence inspiring and it being well settled that the sole testimony of the victim in a case of this nature is sufficient to hold the Appellant guilty of charge without any corroboration, no fault can be found with the impugned judgment of conviction and sentence recorded, which also appears to be commensurate to the facts and circumstances of the case.