SULEMAN NAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, in this revision, has assailed the judgement dated 21.03.2005 passed by the learned Adhoc Additional Sessions Judge, Jeypore in Criminal Appeal No.39 of 2003. By that, the judgment of conviction of the petitioner for offence under section 376, I.P.C. and order of sentence to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.20,000/- in default to undergo further R.I. for a period of six months passed by the learned Assistant Sessions Judge, Koraput in S.T. No.41 of 2001 have been confirmed.

(2.) The prosecution case, in short, is that the victim being a divorcee was living with her parents in village Chaugaon located in the out-skirt of industrial township of Damanjodi. The accused being an employee of the NALCO at Damanjodi was residing in the township.

(3.) In the trial prosecution examined nine witnesses whereas the defence examined three. From the side of the prosecution besides other documents, the plain paper F.I.R. (Ext.2), formal F.I.R. (Ext.2/4) and more importantly an agreement dated 23.08.2000 (Ext.1) have been proved. The accused on the other hand has proved the entry in one admission register as Ext.C and holiday list Ext.B. The trial court upon analysis of evidence on record has accepted the version of the victim and keeping in view the surrounding circumstances which have emanated from the evidence of other witnesses has held the prosecution to have established its case against the accused for commission of offence under section 376, I.P.C. and accordingly he has been convicted and sentenced as aforesaid. The lower appellate court having been moved, as it appears, has also gone for analysis of evidence at its level. However, in the ultimatum the finding of the trial court has been confirmed, consequentially leading to the confirmation of judgment of conviction and order of sentence as recorded by the trial court.