KHAGA @ KHAGESWAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is filed to assail the concurrent verdict in convicting the petitioner - accused U/s.376 of the Indian Penal Code (hereinafter referred as the 'I.P.C.') and sentencing to undergo seven years of rigorous imprisonment and to pay a fine of Rs.1000, in default to further undergo rigorous imprisonment for six months with a direction to pay Rs.800/- to the victim as compensation if the fine amount is realized. The aforesaid conviction and sentence passed by the learned Assistant Sessions Judge dtd.25.11.1997 in S.T. Case No.3-A of 1997 has been confirmed by the learned Additional Sessions Judge, Angul in Criminal Appeal No.1 of 1998 vide judgment dtd.20.3.2001

(2.) The prosecution case in brief is that on 11.11.1994 at about 12 midnight in village Puleswar while victim (P.W.2) was sleeping in her hut and her husband (P.W.4) had gone to Athamalik Bazar to witness 'Parayan', accused scaled over the damaged wall, entered inside, lifted her to 'Bari' (backside of the house) and committed sexual intercourse against her will giving threatening. Informant knew that accused was imprisoned for having murdered a woman for which she did not scream out of fear. The husband of victim returned. Informant disclosed the incident. Both of them went to the house of neighbor, P.Ws.3 and 5, thereafter went to police station. Informant orally reported the matter which was reduced into writing and F.I.R. (Ext.3) was registered at 1 A.M., i.e. after one hour of the incident, i.e. on 12.11.1994. The medical examination of victim was made by Doctor (P.W.6) who submitted report (Ext.2). On 14.11.1994 the statement of the victim (Ext.5) U/s.164 Cr.P.C. was recorded. The accused absconded and was arrested on 26.9.1996. After completion of investigation, charge-sheet was submitted showing the accused absconder. Case was committed to the court of Sessions.

(3.) In support of their case, prosecution examined 8 witnesses while defence examined one.