STATE OF ORISSA Vs. THAKARA BESRA
SUPREME COURT OF INDIA (FROM: ORISSA)
STATE OF ORISSA
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Dharmadhikari, J. -
(1.)The Court of Sessions Judge, Balasore (State of Orissa) by Judgment dated 17-8-1980 in sessions trial No. 34 of 1990 convicted the two accused (the respondents herein) for commission of offence under Section 376, IPC and sentenced them to five years' imprisonment.
(2.)The High Court of Orissa at Cuttack in Crl. Appeal No. 236 of 1990 by judgment dated 12-1-1994 on re-appreciation of evidence acquitted the accused against which the State of Orissa has preferred this appeal.
(3.)The case of the prosecution is that prosecutrix PW-1 Promila Ranjit went to Police Station Baliapal, district Balasore on 5-11-89 at about 10. 30 in the morning and lodged FIR to give full narration of the incident of rape committed by accused on her. She supported her version in FIR in her examination as PW-1 in Court. It is stated by her that in the intervening night between 4- 5 of November, 1989 while her husband had gone to his sister's house at Prapatpur sometime in the midnight when she was sleeping alone with her three year old son, somebody knocked the door of her house waking her up by the name of her son. She could identify that the caller was accused Baya Tudu of her village. She did not open the door at the odd hour in the night, as her husband was not at home. The accused Thakara Besra thereafter entered by making a passage from the thatched roof followed by the co-accused Baya who also similarly made a forcible entry into the room. One of the accused then put-off the chimney lamp burning in the room. Both of them then closed mouth of the prosecutrix and threatened her. They then subjected her to forcible sexual intercourse one after the other. After thus satisfying their sexual lust, from the door they made good their escape. The prosecutrix raised a cry whereupon one of the neighbours Anadi Behera rushed towards her house. Next day the prosecutrix was carried in a trolly to police station which is seven kilometers away from the place of occurrence. She lodged a report at 10. 30 hrs. in morning of 5-11-1989. The learned Judge of the trial Court found the evidence of the prosecutrix to be truthful and trust-worthy. He rejected all hypothetical defence pleas taken by the accused and thus convicted and sentenced both of them. Looking to their young age, instead of imposing on them minimum prescribed sentence of ten years, sentence of five years was imposed on each of them.
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