DHARMANANDA PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner by filing this revision has assailed the judgment dated 28.01.2000 passed by the learned Addl. Sessions Judge, Nayagarh in Crl. Appeal No. 245/88 of 1997/96 confirming the judgment of conviction and order of sentence dated 14.11.1996 passed by the learned Asst. Sessions Judge-cum-C.J.M., Nayagarh in S.T. Case No.18/121 of 1996.

(2.) The prosecution case in brief is that the victim (P.W.3) then aged about 15 years, during one evening in the month of Jyestha in the year 1995 while returning home purchasing tobaco for her father (P.W.1) was restrained by the accused who then lifted her to his 'Dhenkisala', near the house and fulfilled his sexual lust by forcibly having sexual intercourse. It is stated that when the victim attempted to raise hulla on being lifted, the accused closed her mouth by putting his hand by force. It is stated that thereafter, the victim was allured by the accused for her marriage with him and with that promise continued to have sexual relationship with her. It is the further case of the prosecution that both the accused and the informant having continued with such relationship, the victim became pregnant and as advised by the accused, she did not disclose these incidents before anybody. The mother of the victim (P.W.2), one day during the sixth month of pregnancy noticing such some symptoms when questioned the victim; all these happenings came to light being so disclosed by the victim. It is further stated that the victim thereafter when went to the house of the accused to stay with him as his wife, the accused drove her out. So a village meeting was convened where the accused refuted the allegations. However, the villagers decided that the accused should accept the victim. The accused then fled away by giving threat. Later on, the informant convened another meeting which was attended by both the parties. But that attempt to resolve proved to be an exercise in futility. So ultimately the FIR was lodged at Daspalla Police Station on 11.10.1995 leading to the registration of the case. The Investigating Officer on completion of investigation submitted the charge sheet, placing the accused for trial for commission of offence under section 376 IPC.

(3.) The accused took the plea denial in the said trial.