PRASANT PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant having been convicted under Sections 376 and 451 of the I.P.C. and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs. 5,000/ -, in default to undergo further period of R.I. for two years, under Section 376 of the I.P.C. and to undergo R.I. for two years and to pay a fine of Rs. 2,500/ -, in default to undergo further period of R.I. for one year, under Section 451 of the I.P.C., by judgment and order passed by the learned Additional Sessions Judge, Jharsuguda in S.T. Case No. 90/11 of 2001, has preferred this appeal.

(2.) THE victim -informant P.W.1 and the Appellant are co -villagers. Their houses are closely situated intervened by a Bari. The victim resides with her widow mother, elder sister P.W.2, elder brother P.W.3 and P.W.3's wife P.W.7. The alleged occurrence took place on 03.08.2000 at about 11.00 A.M. when P.W.1 was in her house alone. P.Ws.2, 3 and victim's mother had left home in the morning to work in a stone quarry. Soon before the alleged occurrence P.W.7 had also gone to a nearby pond alongwith her children to take bath. It is alleged that when P.W.1 was drying wet clothes in the Courtyard, the Appellant entered inside the house, closed the front door from inside and lifted P.W.1 to the inner verandah of the house. He made her to lie down on the ground and forcibly committed sexual intercourse. When P.W.1 resisted the Appellant threatened to kill her. After committing rape the Appellant left the victim's house. On P.W.7's return from pond, P.W.1 disclosed the occurrence to her. She also told regarding the occurrence to P.Ws.2 and 3 as well as her mother when they returned home in the evening. At about 9.00 P.M., P.W.1 went to the Gandhi Chhak Police Out Post under Brajrajnagar Police Station and orally narrated the occurrence to P.W.12 the A.S.I. of Police. P.W.12 reduced the oral report into writing made Station Diary Entry bearing S.D.E. No. 34 dated 03.08.2000 took up preliminary investigation and sent the report Ext.1 to Brajrajnagar Police Station for registration. P.W.12 examined the victim girl as well P.Ws.1, 3 and P.W.1's mother and also seized P.W.1's salwar frock and other wearing apparels, i.e., chadi and 'semij'. At Brajrajnagar Police Station in the absence of inspector -ln -Charge, P.W.11 Sub -Inspector of Police, on receipt of Ext.1 at. 1.00 P.M., registered the case. He took over charge of investigation of the case from P.W.12. In course of investigation, other witnesses were examined and seizures were effected. Victim and Appellant were medically examined by doctors P.Ws.5 and 6 respectively. Seized articles were sent for chemical examination. P.W.13 the I.I.C. Case of Brajrajnagar Police Station took over charge of investigation from P.W.11 on 24.11.2000 and on completion of investigation submitted charge -sheet against the Appellant under Sections 376 and 448 of the I.P.C. Considering the materials on record, charge was framed for commission of offence under Sections 451 and 376 of the I.P.C.

(3.) IN order to substantiate the charge prosecution examined thirteen witnesses and also, relied upon documents marked Exts.1 to 9. P.Ws.1, 2, 3, 5, 6, 7, 11, 12 and 13 already been introduced. P.Ws.4 and 10 are co -villagers of the victim and Appellant. P.W.8's a police constable who accompanied victim and Appellant to the hospital for medical examination. P.W.9 was examined as a seizure witness. Two co -villagers D.Ws.1 and 2 of the victim and Appellant were examined and document marked Exhibit -'A' was relied upon by the Appellant. Placing reliance on evidence of victim P.W.1 stated to have been corroborated by post -occurrence witnesses P.Ws.2, 3, 7 and 10 the learned trial Court passed the impugned judgment and order convicting and sentencing the Appellant as stated supra.