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1956 Supreme(Ori) 78

MOHAPATRA, NARASIMHAM
GHANASHYAM MISRA – Appellant
Versus
THE STATE – Respondent


Advocates Appeared:
M.S.Rao

NARASIMHAM, C. J.

( 1 ) THIS revision petition is filed against the appellate judgment of the Additional sessions Judge of Cuttack, maintaining the conviction and sentence passed on the petitioner by the Assistant Sessions Judge of Dhenkanal, for an offence under section 376, I. P. C. At the time of the admission of this revision petition a rule was issued on the petitioner to show cause why the sentence may not be enhanced, and he was given full opportunity to argue against his conviction as well.

( 2 ) THE petitioner was working as a Teacher in the M. E. School at Rainarusinghpur in Dhenkanal District in October, 1954. It was alleged that on the 4th October 1954 at about noon he committed rape on a girl student of the school, named nalini Kumari Dei (P. W. 4) aged ten years inside the school premises. Soon after committing rape he was said to have given her two anna pieces for purchasing sweets and cautioned her not to reveal the incident to anybody. The girl sustained an injury to her private parts in consequence of the offence and after returning to her house informed her mother Keli Dei (P. W. 3) about the outrage committed on her. Her father Kinu Charan Misra (P. W. 6) was

















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