PRADEEP KUMAR DEBTA Vs. STATE

JUDGEMENT

(1.) THE Petitioner having been convicted under Section 451 and 376 of the Indian Penal Code (hereinafter called as the 'Code') and sentenced to imprisonment and fine by the courts below, has approached this Court.

(2.) THE case of the prosecution is that on 14.10.1992 at about 3 P.M. while the victim lady. (P.W. 1) working as Anganwadi Worker was staying in the house of her helper, the accused -petitioner came and started talking to her in obscene language. Since the victim lady was sick, she kept mum and did not give any reply. It is alleged that the accused thereafter sat on the verandah of the house and sent the helper of the victim lady to bring liquor and after taking liquor, he stayed there. It is further alleged that in the night when the victim lady and her helper were sleeping inside the roll accused -petitioner entered into the room at about 1 O'clock in the night by opening the door and committed rape on her whereafter he left the place in the morning after giving threat to the victim lady not to disclose about the incident to anyone. On 21.10. 1992, the victim lady informed her husband about the incident when her husband had come to meet her. Thereafter it is stated that the matter was informed to the C.D.P.O., Narayanapatna in writing vide Ext. 1 ana the Panchayat Samiti Chairman, Narayanapatna was also informed about the incident. Since no action was taken, on 23.10.92 the victim lady submitted a written report to the police vide Ext. 2. On completion of investigation, the investigating agency submitted charge -sheet against the accused -petitioner for offences alleged to have been committed under Sections 451 and 376 of the Code.

(3.) THE prosecution to prove the charges has examined 13 witnesses out of whom P.W. 1 is the victim lady, P.W. 4 is the helper who was sleeping inside the room along with the victim lady on the date of occurrence, P.W. 5 is the husband of the victim lady, P.W. 6 is the doctor who has examined the victim lady, P.W. 7 is the doctor who has examined the accused -petitioner and P.W. 13 is the Investigating Officer.