A.K.MISHRA, J - (1.) This appeal is preferred against the judgment dtd.25.08.2006 of learned Sessions Judge, Keonjhar, Camp Court at Anandapur in Sessions Trial Case No.262 of 2005 convicting the accused - appellant U/s.376(2)(f) of the Indian Penal Code and sentencing to undergo rigorous imprisonment for ten years and to pay a fine of Rs.2000/-, in default to undergo rigorous imprisonment for two months.
(2.) The case of the prosecution, in brief, is that the victim was an agnatic relation of the accused. She was pursuing her study in Class-VII in the year 2005. Prior to seven or eight months of lodging of F.I.R., i.e. on 15.09.2005, the accused, while the family members of the victim were witnessing television show, called the victim to backside of the house and committed rape. Out of threat, the victim continued to maintain silence. Thereafter the accused also committed rape of victim on five to six occasions. The victim became pregnant. Subsequently when pregnancy became visible and pain became unbearable, she was taken by her father to Anandapur Hospital where factum of pregnancy was confirmed. Then the victim disclosed before her parents implicating the accused as author of rape. She lodged an F.I.R. in Ghasipura Police Station which was registered as Ghasipura P.S. Case No.154 dtd.15.09.2005. Investigation was ensued. The victim gave birth a male child. Medical examination was conducted. After completion of investigation, charge-sheet was filed. Learned S.D.J.M., Anandapur took cognizance in G.R. Case No.424 of 2005. The accused was produced on being arrested on 21.09.2005. Trial was taken up in the Court of Sessions after commitment of the case.
(3.) In support of its case, prosecution examined 9 witnesses and exhibited 10 documents. Out of prosecution witnesses, P.W.5 is the victim, her parents are examined as P.W.1 and 2, P.W.4 is her classmate. P.W.3 is the teacher who proved admission register in support of date of birth of the victim. P.W.6 and 8 are doctors. P.W.9 is the investigating officer and P.W.7 is a witness to seizure. F.I.R., medical examination report and admission register amongst others were exhibited vide Ext.1 to Ext.10.;