RABANA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants, two in number (hereinafter referred to as 'the accused') have assailed the judgment and order of conviction recorded against them by the learned Assistant Sessions Judge, Anandapur, in S.T. Case No. 31/53 of 1992 whereby they have been convicted under section 376(2) (g) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,000/ - each, in default to three months R.I.

(2.) PROSECUTION case unfurled during trial may succinctly be stated thus: The victim (name being withheld), an Adibasi girl aged 17 to 18 years, hails from a remote village of the District of Keonjhar. Deceased Pandu Munda, father of Sardar Munda (P.W. 2), was her father's elder brother. On the fateful day, i.e. 24 -10 -1991 in the evening hours, she was going to the house of Sardar Munda, to attend the funeral ceremony of deceased Pandu Munda. While she was proceeding the accused persons who were sitting on a rock, called her to come to them. When she did not respond to their call, they forcibly dragged her to a nearby stream (Nala) and sexually molested her one after another against her will. After having satisfied their lust they threatened that if she disclosed the incident to any one they would kill her. She then came to the house of her brother -in -law Danda Munda (P.W. 6) and narrated the incident to him, his wife and others and stayed for the night there. Since her wearing apparels had been drenched with mud and water she was given a saree to put on. Next day she went back home and narrated the incident to her mother. As there was no male member in her family, she reported the incident to the police on 1 -11 -1991. Prasanta Kumar Mishra. S.L of Police, Ghasipura P.S. (P.W. 9) reduced her report into writing, treated the same as F.I.R. and on the direction of the Inspector in charge of the said police station, proceeded with investigation. In course of investigation, he examined witnesses, sent the prosecutrix and the accused persons for medical examination and then handed over charge of investigation to one S.C: Dora, Inspector of Police who submitted charge -sheet against the accused persons to stand their trial under section 376(2)(g), I.P.C. The plea of the accused persons was one of complete denial and false implication due to village dispute.

(3.) LEARNED Additional Standing Counsel, on the other hand, submitted that the learned trial court thoroughly scrutinised the evidence and negatived all contentions as are being raised in this appeal by the accused persons and consequently recorded a finding of guilt which needs no interference in the present appeal.