CHANDRAMANI DIGAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner (accused) from inside the jail has filed this revision questioning the judgment dtd. 30/11/2004 passed by the learned Additional Sessions Judge, Bhanjanagar in Criminal Appeal No. 16 of 2016 confirming the judgment of conviction and order of sentence dtd. 16/1/2003 passed by the learned Assistant Sessions Judge, Bhanjanagar in S.C. No. 32 of 2002 (S.C. No. 01 of 2002 GDC).

(2.) The appellate court while confirming the judgment of conviction of the accused for commission of offence under sec. 376 of IPC and the order of custodial sentence of rigorous imprisonment of seven years as imposed by the trial court to be just and proper, has however proceeded to reduce the sentence of fine Rs.5000.00 as imposed by the trial court to Rs.1,000.00 with default stipulation of undergoing rigorous imprisonment for a period of six months.

(3.) Prosecution case in short is that on 31/5/2001 around 6.00 am the victim-PW.5 with another had gone to Darpangia jungle for collection of firewood. The accused arrived and dragged P.W. 5. It is alleged that the accused then expressed his intention to have sexual intercourse with her. When the accused started dragging P.W.5, she caught hold of her friend PW.1 who was by her side from being saved from the clutch of the accused. The attempt of the victim went in vain and the accused forcibly dragged her away, when the friend of the victim out of fear left the place. It is next alleged that no sooner did the friend of the victim left the place, the accused committed sexual intercourse upon the victim despite protest and resistance. The friend of the victim on her arrival at village, informed some villagers about the incident who then went towards the jungle to save the victim. On their way, they saw that the victim was being dragged by the accused towards the village. She was then rescued and on her return home, she narrated the incident that had happened in the jungle. The victim then lodged the F.I.R. at Bhanjanagar P.S. which led to the registration of Bhanjanagar P.S. Case No. 61 of 2001 for offence under sec. 376 of the IPC. On completion of the investigation, charge-sheet having been filed, finally, the accused faced trial after the commitment of the case to the court of Sessions. In the trial, the accused took the plea that the sexual relationship with the victim on that relevant date, time and place was with her consent and thus he refuted the charge of rape. The trial court on analysis of evidence held the accused guilty for commission of rape upon the victim which has been confirmed in appeal and he has been sentenced as aforesaid.