SIBA BASKEY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner by filing this revision has assailed the judgment dated 13.012.2002 passed by the learned Ad hoc Addl. Sessions Judge, (FTC), Baripada, in Crl.Appeal No.188/44 of 2001/2000. By the impugned judgment, the judgment of conviction and the order of sentence dated 27.05.2000 passed by the learned Asst. Sessions Judge, Udala in S.T. Case No.17/120 of 1999 have been confirmed. The petitioner having been convicted by the trial court for commission of offence under section 376 IPC has been sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.1,000/- in default to undergo rigorous imprisonment for a period of six months. The appellate court has confirmed the finding of guilt as above as also the order of sentence.

(2.) The prosecution case in short is that on 24.3.1998 evening when the informant (P.W.5) was going to the house of Kundru Sethi to witness video show there, on her way the accused called her and offered tobacco in presence of Mitu who was his field hand. It is stated that the accused then dragged her inside the house and forcibly committed sexual intercourse. It is the further case of the prosecution that when the P.W. 5 protested, she was left near her house. The victim P.W. 5 then narrated the incident to her mother as her father was absent and on her father returning home, they came to Kundabai Police Out-Post under Udala Police Station and narrated the incident. The report of the victim, P.W. 5 was reduced into writing by the Assistant Sub-Inspector of Police, attached to the said Out-Post and the report being sent to the Officer-In- Charge of Udala Police Station, Udala P.S. Case No. 16 of 1998 being registered, investigation was taken up.

(3.) Prosecution in the case has examined in total sixteen witnesses besides proving the important documents such as FIR Ext.10, injury report of P.W. 5 given by the doctor, P.W. 10 as Ext. 1. The report of the doctor as to the age of the victim as Ext. 8, whereas the defence has examined one witness.