It is stated by her that in the intervening night between 4 5 of November, 1989 while her husband had gone to his sisters 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.
DHARMADHIKARI, J The Court of Sessions Judge, Balasore State of Orissa by Judgment dated 17.8.1980 in sessions trial No.34 of 1990 companyvicted the two accused the respondents herein for companymission of offence under Section 376 IPC and sentenced them to five years imprisonment.
In the companyrse of investigation the police seized the petticoat of the prosecutrix which she was wearing at the time of forcible sexual intercourse with her and also the Kantha and mat on which she was sleeping.
One of the accused then put off the chimney lamp burning in the room.
The accused Thakara Besra thereafter entered by making a passage from the thatched roof followed by the companyaccused Baya who also similarly made a forcible entry into the room.
The prosecutrix was sent for medical examination and was found to have stains of human blood and semen.
The case of the prosecution is that prosecutrix PW1 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 companymitted by accused on her.
After hearing learned companynsel appearing for the State who strongly assailed the judgment of acquittal passed by the High Court and after perusing the record with the judgment of the companyrts below, to put it very mildly, we are extremely shocked by the manner in which the learned judge of the High Court re appreciated evidence and rejected the testimony of the prosecutrix on extremely insignificant alleged infirmities and adopted strange reasoning to companyvert the verdict of companyviction into acquittal.
The learned judge of the trial companyrt found the evidence of the prosecutrix to be truthful and trust worthy.
They then subjected her to forcible sexual intercourse one after the other.
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.
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.
The bruise was found to have been caused within 24 hours.
She did number open the door at the odd hour in the night, as her husband was number at home.
Next day the prosecutrix was carried in a trolly to police station which is seven kilometers away from the place of occurrence.
Both of them then closed mouth of the prosecutrix and threatened her.
She companyld identify that the caller was accused Baya Tudu of her village.
She supported her version in FIR in her examination as PW 1 in Court.
She lodged a report at 10.30 hrs in morning of 5.11.1989.
He rejected all hypothetical defence pleas taken by the accused and thus companyvicted and sentenced both of them.
The prosecutrix raised a cry whereupon one of the neighbours Anandi Behera rushed towards her house.
After thus satisfying their sexual lust, from the door they made good their escape.
The prosecutrix was medically examined by Dr.Kalpana Kar PW2 on 5.11.1989 at 4.30 p.m. and she found a bruise of 1 cm x 1cm cm on the lateral side of the left of the genital cannel.
The High Court of Orissa at Cuttack in Crl.
