CHRISTIAN MASTER @ PRAFULLA KUMAR NAIK Vs. THE STATE

JUDGEMENT

(1.) THE Appellant has challenged the judgment of the learned Additional Sessions Judge, Jeypore, convicting him for offences under Sections 376 and 302 I.P.C. and sentencing him to undergo imprisonment for life.

(2.) THE prosecution case, as disclosed by the F.I.R. (Ext. 7) lodged at Gudari Police Station in Koraput district on 25 -12 -1983 and the evidence on record was that Dalkhau Khora (P.W. 4) and his wife were residents of village Gordangpeta. In order to earn his livelihood, he used to go to village Borchiguda for grazing cattle. On 24 -12 -1983 in the morning, P.W. 4 and his wife together left for Borchiguda and spent the night in that village. Their daughter Tulabati remained alone in the house in village Gordangpeta. The Appellant was living at Borchiguda for about a month. In the night of 24 -12 -1983, he came to Gordangpeta, raped and killed Tulabati, a minor girl aged between 10 and 12 years and forcibly took away her nose ring. He also killed two fowls inside the house. Early in the morning, the informant Gopi Gogranga (P.W. 1) got up hearing the crow of the fowls, gathered other villagers and caught hold of the Appellant who on being questioned confessed his guilt. He went to Borchiguda and informed P.W. 4 about the fact. The Investigating Officers (P.Ws. 10 and 11) commenced investigation and sent the dead body of the deceased for post mortem examination. The Appellant could not be arrested immediately as he had absconded. After close of investigation, charge -sheet was submitted.

(3.) P .W. 7 was the Medical Officer of Sub -Divisional Hospital, Gunupur. He conducted the post -mortem examination of the dead body of the deceased on 30 -12 -1983 and found the following external injuries: