KHETRAMOHAN PATAYAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD further argument and the judgment is as follows.

(2.) APPELLANT was convicted in S.T. No. 37/174 of 1996, taken up for trial in the Court of Addl. Sessions Judge, Balasore arising out of G.R. Case No. 105 of 1996 of the Court of J.M.F.C, Jaleswar. On conclusion of the trial, order of conviction was recorded against the Appellant on 20.08.1997 for the offence under Section 376, I.P.C. and the Appellant was sentenced to undergo imprisonment for a period of seven years.

(3.) TO substantiate the charge, prosecution examined 14 witnesses and relied on series of documents marked Exts.1 to 10 and the wearing apparels of the accused and the victim as M. Os. I to VI. At the stage of defence evidence accused relied on the evidence of his wife, who was examined as D.W.1, to prove the plea of alibi. On assessment of the evidence of P.W.12 and the Doctors, P. Ws.5 and 6 besides the report from the State Forensic Science & Laboratory and the evidence of the parents and uncle, etc. of the victim, learned Addl. Sessions judge recorded the findings that the charge under Section 376, I.P.C. was proved and accordingly held the Appellant guilty and sentenced him in the above indicated manner.