SANTOSH ROUTRAY Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this appeal the sole appellant has assailed his conviction and sentence of R.I. of 7 (seven) years and fine of Rs.10,000/-, in default, further R.I. of 6 (six) months for offence U/s.376 I.P.C. and R.I. of 2 years and fine of Rs.2000/-, in default, further R.I. of 3 months for offence U/s.451 I.P.C., passed by learned 3rd Addl. Sessions Judge, Cuttack in his judgment dtd.12.09.2014 in Sessions Trial No.317 of 2012 / 98 of 2013.

(2.) The prosecution case in short is that on 16.5.2012 at about 12.30 A.M. (night) in village Harianta the victim (P.W.5) was sleeping in one room in her house. The accused had come to her sister's house in that village. Accused entered inside the room where the victim was sleeping and forcibly committed rape. She cried. The accused assured her to marry but subsequently left the village. On that night, the victim, a minor girl, disclosed about the occurrence before her mother (P.W.4). The father of the victim had been to outside. On being informed, he advised to contact her uncle (P.W.3). The victim lodged F.I.R. (Ext.4) on 19.5.2012. Sadar P.S. Case No.103 of 2012 was registered, investigation was ensued. In course of investigation, the Admission Register of Kalandi Naik High School was seized. Doctor (P.W.2) conducted medical examination of the victim. After completion of investigation charge-sheet was filed. The case was committed to the Court of Session. Accused faced trial for offence U/ss.376 and 451 of I.P.C. 2-A. The plea of defence was denial simplicitor and false implication.

(3.) Learned trial court believed the evidence of mother (P.W.4), victim (P.W.5), School Admission Register (Ext.5) and School Leaving Certificate (Ext.7) to record a finding that the year of birth of the victim was 1997. The medical evidence of P.W.2 that the victim was aged about 17 to 19 years was not accepted as opinionative in nature. Learned trial court also found that the victim was a reliable witness and held the accused guilty for the offence U/s.376 and 451 of the I.P.C. and passed sentence as stated above.