BHADA @ CHAMURU MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal under section 374(2) of the Code of Criminal Procedure has been directed against the judgment of conviction and order of sentence dated 31.08.2004 passed by the learned Additional Sessions Judge (Ad hoc), Baripada in S.T. Case No.15/152 of 2003 arising out of G.R. Case No.180 of 1996 of the Court of the lenared S.D.J.M., Baripada The petitioner having faced the trial for commission of offence under section 376(2)(g)/366/34 of the IPC has been found guilty for the offence under section 366/376 of the IPC and has been sentenced to undergo rigorous imprisonment for a period of seven years.

(2.) The prosecution's case, in short, is that on the preceding night of Saral Puja, when the victim (p.w.6) and her sister were sitting on the verandah of the house of one Kandra Majhi to witness the festival, around mid-night hour, the appellant as also two others (since acquitted) forcibly abducted her and took her near the black berry tree standing at a distance. It is further stated that this accused then forcibly committed sexual intercourse upon the victim. It is also alleged that when p.w.6 escaped from the clutch of this accused and started running away, other two accused persons (since acquitted) having chased, failed in their attempt because of the timely intervention of the victim's father.

(3.) The incident being reported at the local police station, the FIR was registered and the investigation commenced. Finally, the investigating officer, on completion of the investigation when submitted the charge sheet, the case being committed to the Court of Sessions, the accused faced the trial. The plea of the accused is that of complete denial and false implication.