JUDGMENT

S.K. Sahoo, J.—The appellant Khudia @ Khudiram Tudu faced trial in the Court of learned 3rd Additional Sessions Judge, Balasore in Sessions Trial Case No.22 of 2019 (191 of 2018) for offence punishable under section 376(2)(l) of the Indian Penal Code on the accusation that he being a relative of the son-in-law of the informant (P.W.4) committed rape on the victim (P.W.9), the disabled daughter of the informant.

The learned trial Court vide impugned judgment and order dated 30.08.2019 found the appellant guilty under section 376(2)(l) of the Indian Penal Code and sentenced him to undergo R.I. for a period of ten years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for a further period of one year.

2. The prosecution case, as per the written report submitted by Lepa Hansda (P.W.4) on 17.06.2018 at Jaleswar Police Station, in short, is that on 15.06.2018 in the evening hours, the informant after returning from his work, came to know that during his absence, the victim (P.W.9) who is his elder daughter had gone somewhere with her mobile phone and when he tried to search her in the locality, he could not trace her out in that night. On 1