MAHENDRA KISSAN AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 12.05.2006 passed by the learned Additional Sessions Judge, Sambalpur in S.T. No. 273/13 of 2000/2001 convicting the Appellants under Section 376(2)(g) of the Indian Penal Code (for short "IPC" and sentencing each of them to undergo imprisonment or life and pay a fine of Rs. 20,000/ - (Rupees twenty thousand), in default to undergo further R.I. for a period of one year.

(2.) CASE of the prosecution is that on 12.09.2000 at about 4.00 P.M. while the victim was returning home from the school, both the Appellants restrained her and committed forcible rape on her one after another. The father of the victim was not at home. He returned in the night. On the next day, he reported the matter to the O.I.C., Katarbag P.S. Investigation followed, on completion of which charge sheet was submitted against the Appellants for commission of offence under Section 376(2)(g) and Section 3(2)(v) of the S.C. & S.T.(P.A.) Act.

(3.) IN order to prove its case, prosecution examined sixteen witnesses. P. W. 12 is the victim, P.W.14 is the doctor who examined her, and P. Ws.15 & 16 are the investigating officers. Prosecution also proved nineteen documents. Defence did not choose to examine any witness.