BUDHA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Budha @ Sukru @ Samanta Kanhar faced trial in the Court of learned Assistant Sessions Judge, Phulbani in S.T. No.19 of 2011 [S.T 136/2011 (DC)] for offences punishable under sections 376 and 417 of the Indian Penal Code.

(2.) The prosecution case, as per the first information report, in short, is that in one evening in the month of Bhadraba of the year 2010, while the victim was returning to her house after purchasing articles from the village shop, the appellant caught hold of her hand on the way near Gramasheni Thakurani and dragged her near a jack-fruit tree and forcibly raped her by closing her mouth by hand and told her to marry as he was loving her. Thereafter the appellant came to the house of the victim on many occasions in the night and use to lift the victim outside the house and commit sexual intercourse with her and on each occasion, he use to give assurance to the victim to marry her. Even after the victim became pregnant, the appellant continued to have sexual intercourse with her and told her not to get panic. For the last time, the appellant came to the house of the victim one evening while she was cooking and asked her regarding her well-being. When the news of the pregnancy of the victim spread in the village, her father, who was staying at Bhubaneswar was called. Prior to arrival of her father, the uncles of the victim asked the appellant regarding the incident, who confessed his guilt before them. After the arrival of the father of the victim, the appellant in presence of the village gentries also admitted to have impregnated the victim. On 11.04.2011 at 3.00 p.m., a meeting was convened by the members of women organization of village Malabhuin in Premajhari School, where the statement of the appellant and the victim were taken. The appellant confessed his guilt of having impregnated the victim. Since no final decision could be taken, the victim lodged the first information report before the Inspector in-charge of Khajuriapada Police Station.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellant under sections 376/417 of the Indian Penal Code and since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.