AUTHESH KUMAR KEUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants being aggrieved by the judgment of conviction and order of sentence passed on 22.01.2002 by the Addl. Sessions Judge, Jharsuguda in S.T. Case No. 48/6 of 2001 have filed these appeals (appeals under item nos. I and II have been filed from inside the jail).

(2.) The appellants as the accused persons faced the trial for commission of offence under sections 376(g) and 506 IPC. In the trial each of them has been convicted for those offences and have been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.2,500/- in default to undergo rigorous imprisonment for three months for the offence under section 376(g) IPC. They have been further sentenced to undergo rigorous imprisonment for a period of three years for the offence under section 506 (ii) IPC with the stipulation that the substantive sentences are to run concurrently.

(3.) Prosecution case in short is that on 15.09.2000 around 10.30 P.M. the victim P.W. 7 was proceeding to the house of her elder father to witness a picture in the television. It is stated that on her way near Laxmi temple, finding her alone, the accused persons obstructed her and pressing her mouth; lifted her to the side of the temple. It is further alleged that the accused persons thereafter undressed her, made on lie her ground by applying force and then unrobing her committed sexual intercourse, one after another. It is the further case of the prosecution that the accused persons after fulfilling their sexual lust and desire left the victim near her house by extending threat that she would be killed in case of disclosure of the incident before any other. The victim on the day following the occurrence night disclosed the incident first to her mother who then decided to report the matter at Mahila Samiti of the village. A meeting though had been convened by the members of the Mahila Samiti, the accused persons despite call did not attend which finally led to the lodging of the FIR under Ext. 1 at Brajrajnagar Police Station.