BINAYA KUMAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision arises out of appellate judgment passed by learned Additional Session Judge, Cuttack in Criminal Appeal No. 8 of 1998 confirming the conviction of the Petitioner under Section 376, I.P.C. and consequent sentence recorded there under sentencing him to suffer R.I. for 5 years and to pay a fine of Rs. 2,000/ - (two thousand), in default to suffer further R.I. for six months.

(2.) BOTH Petitioner and the victim P.W.8 are residents of village Jaymangal under Narginghpur Police Station. The victim (P.W.8) is a married lady. The occurrence happened at 7.00 a.m. on 23.09.1996. The victim (P.W.8) before the aforesaid time of occurrence went to weed the sugarcane field. She was alone there engaged in so weeding the sugarcane field. The present Petitioner came there. He forcibly caught hold of the victim, pressed her neck, pinned her down on the ground and committed rape on her. The victim (P.W.8) shouted. One Sebati Dei @ Nayak (P.W.3), an old lady was engaged in harvesting 'sesame' ('rasi') crop in a nearby field. She came near the spot and questioned the present Petitioner as to what he is doing. The Petitioner fled away leaving the victim there. The victim narrated the incident before Sebati Dei (P.W.3). Her husband (P.W.2), husband's elder brother (P.W.6), husband's cousin brother (not examined) along with one Gaja Panda (not examined) also rushed to the spot hearing the victim's shout/cry and they brought her (victim) to Narsinghpur Police Station. At the P.S. victim's husband (P.W.2) got the report scribed by one Anju Behera (not examined) and lodged the F.I.R. P.W.9 took up the investigation. In course of the investigation he got the victim examined medically on the same day by the Medical Officer (P.W.1), examined the witnesses, made the incriminating seizures and after substantial progress in the investigation, handed over charge of investigation to P.W.5, who only submitted the charge -sheet.

(3.) PROSECUTION examined nine witnesses to bring home the guilt to the Petitioner.