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J.P.MISHRA
Saheba Luha – Appellant
Versus
State of Orissa – Respondent


Counsel for the Parties:
For the Appellants:M/s. Damodar Patra, Ashok Ku. Patra, Premananda Sahoo, P.K. Patra, D.K. Mishra & B.N. Lenka, Advocates.
For the Respondent:Mr. Y.S.R. Murty, Addl. Govt. Advocates & Mr. S.C. Mishra, Addl. Standing Counsel.

JUDGMENT

J.P. Mishra, J. - This is another saga of abuse of female class in our male dominated society. The allegations of the prosecutrix were under scrutiny by the learned Additional Sessions Judge, Sambalpur in S.T. No. 243/1 of 1997 which concluded in convicting and sentencing the accused-appellants to undergo rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 1,000 (Rupees one thousand) each under Section 376(2)(g), I.P.C. and in default of payment of fine, to undergo rigorous imprisonment for three months more.

2. The facts of the case, in brief, are that on 14.4.1997 (Monday), the victim and two daughters of Krushna Chand, namely, Kausla and Kamala, went to village Bhejitikra to enjoy Hanuman Jatra. They stayed in the house of Mahendra Podh, who is no other than the brother-in-law of Kausla, located at Musabenipada in village Bhjejitikra. On Tuesday night while she was sleeping in the thrashing floor (Khala) of the elder father of Mahendra Podh, the appellants lifted her physically to a house and committed rape on her under threat of her life. The appellants Jagdish Bhoi and Saheba Luha turnwise ravished her and as the accused persons heard some knocking sou

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