SURENDRA KUMAR MALLICK @ RABI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, by filing this revision, has prayed for examination of the legality and propriety of the judgement dated 20.01.2005 passed by the learned Ad hoc Additional Sessions Judge (FTC), Jagatsinghpur in Criminal Appeal No.08 of 2003 (Criminal Appeal No.33 of 1999) confirming the judgment of conviction dated 20.09.1999 passed by the learned C.J.M.-cum-Assistant Sessions Judge, Jagatsinhgpur in S.T. No.528 of 1997 (Trial No.6 of 1998), convicting the petitioner (accused) for the offence under section 376 of the Indian Penal Code (in short, 'the IPC') followed by the order of sentence of seven years of rigorous imprisonment and payment of fine of Rs.2000/- in default to undergo rigorous imprisonment for six months and further payment of the same to the victim in case of realization.

(2.) The prosecution case, in short for the purpose, is that the husband of the victim (p.w.8) works in Paradeep Phosphates Limited (PPL) and he with his wife (victim-p.w.5) reside in the PPL township. It is alleged that on 1.8.1996 around 1.00 pm, when the victim was taking rest, the accused suddenly came inside the house, lifted her saree and attempted to commit sexual intercourse. The victim then resisted. It is further stated that the accused then wanted to kill the victim showing the knife. Hearing hullah, the husband of the victim (p.w.8) came to the spot when the accused ran away. Information being lodged at the PPL police outpost, Paradeep P.S. Case No.225 of 1996 was registered against the accused for offence under section 376 IPC and the investigation commenced.

(3.) In the trial, the accused took the plea of complete denial and false implication due to prior land dispute.