SURYAKANTA HANUMAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, being arraigned as an accused in G.R. Case No.546 of 2009 arising out of Bargarh P.S. Case No.243 of 2009 registered for offence under section 376/450 of the IPC, was arrested and produced on 9.8.2009. The case having been committed to the court of Sessions, he finally faced the trial for offence under section 476/450 of IPC in the court of the learned C.J.M-cum-Assistant Sessions Judge, Bargarh in C.T. Case No.43/9 of 2010. The petitioner in the trial has been convicted for offence under section 376/450 of the IPC and has been sentenced to undergo rigorous imprisonment for a period of seven years with payment of fine of Rs.1000/- in default to undergo rigorous imprisonment for a period of six months for offence under section 376 IPC and rigorous for a period of three years with payment of fine of Rs.1000/- in default to undergo rigorous imprisonment for six months for the offence under section 450 IPC with the stipulation that the substantive sentences shall run concurrently. The judgment of conviction and order of sentence having been passed on 23.10.2010, the petitioner carried an appeal, which came to be heard and disposed of by the learned Additional Sessions Judge, Bargarh in Criminal Appeal No.27/32 of 2011-13. The learned appellate court has finally confirmed the judgment of conviction as well as the order of sentence passed by the trial court. Being aggrieved by the same, the present revision has been filed by the convict.

(2.) The prosecution case, in short, is that on 7.8.2009, during day time, when the minor victim was alone in their house as her parents had gone to their work place, the accused made his entry therein and committed rape on her. It is stated that after the incident the accused left the place. The victim then narrated the incident before her parents when they returned home.

(3.) The plea of the defence is that of complete denial and false implication.