RUHIYA MURMU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The conviction of appellant accused U/s.376 read with Section 511 of the Indian Penal Code and sentence thereof to undergo 7 (seven) years rigorous imprisonment and fine of Rs.1000/-, in default to undergo rigorous imprisonment for six months by judgment dtd.30.09.2010 in S.T. Case No.67/112 of 2010-07 is assailed in this appeal U/s.383 Cr.P.C.

(2.) It is stated by learned Amicus Curiae Mr. S. Dash and also by learned Addl. Standing Counsel that accused has already undergone the sentence.

(3.) Put briefly, the case of the prosecution is that, on 20.3.2006 the victim, a ten years old girl had been to one of his relation's house with her parents to see the folk dance in the marriage ceremony of the daughter of Lepa Tudu. At 5 P.M. she returned alone to take care of goats before dusk. On the way, the accused, an youth of 28 years old, lifted her to river bank, tearing her wearing apparels, attempted to commit rape. The victim screamed. Two persons came to her rescue. Accused fled away. Village meeting was convened twice. Accused did not turn up. On 23.4.2006 F.I.R. (Ext.4) was lodged by the father of the victim. In course of investigation, the wearing apparels, i.e. saree and blouse, were seized vide M.O.I and M.O.II. The under wear and napkin of accused were also seized vide M.O.III and M.O.IV. Accused was medically examined by the doctor (P.W.6) and found to be capable of sexual intercourse. Injuries on left shoulder and left elbow were found. The victim declined to be examined medically, as is evident from the report (Ext.2) of the doctor (P.W.5). After completion of investigation, charge-sheet was submitted. Cognizance was taken U/s.376, 506(II), read with Section 511 of the Indian Penal Code. The case was committed to the court of Sessions. Trial ensued.