STATE OF ORISSA Vs. PURIA PATI

JUDGEMENT

(1.) The State having filed this appeal has called in question the judgment dated 05.08.1992 passed by the learned Assistant Sessions Judge, Jeypore in Sessions Case No. 69 of 1991 (S.C. No. 269/91). The respondent (accused) having faced the trial for commission of offence under sections 451/ 376, I.P.C. has been acquitted from the charge.

(2.) Prosecution case in short in that on 01.06.1991 during day time the victim and her husband were sleeping in their house. It was around 3 P.M. the accused came and removing her saree and undergarments committed rape upon her. It is stated that the victim at the relevant time was thinking as if she was having sexual intercourse with her husband. The victim having thereafter come to sense found the accused to be the person and then she protested. But the accused further cohabited with her against her consent. It is the further case of the prosecution that after commission of rape the victim when give a push to the accused and raised hulla, the elder daughter of the victim came and protested. The accused then left the place. The matter being reported by the victim to her husband, a Panchayat had been convened. It is stated that the accused admitted his guilt before the Panchayat. The victim then reported the matter at the police station which led to the registration of the case and commencement of the investigation. On conclusion of the investigation, charge-sheet having been submitted against the accused for commission of offence under sections 451/376, I.P.C., he faced the trial.

(3.) The case of defence is that of complete denial.