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1993 Supreme(Ori) 63

L.R.RATH
PATRA MIRGAN – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
C.R.Das, R.N.ACHARYA

L. RATH, J.


( 1 ) CONVICTION under section 376 I. P. C. and sentence to R. I. of 10 years also under section 354 I. P. C. and sentence to R. I. of 2 years in Sessions Case No. 33190 have made the appellant prefer this appeal from jail. The skeletogenous facts are that the victim lady P. W. I is the wife of the appellant's wifes brotherts son. The appellant had married the sister of P. W. I father-in-law, was his domesticated son-in-law, and was residing in a separate house in the same compound of P. W. ITS house. In the village there are two groups, one of Mirgans and the other of Bhotras. P. W. I, who was a Bhotra girl, had married P. W. 5 who was a Mirgan boy. The appellant who was a Bhotra had married the paternal aunt of P. W. 5. The occurrence alleged against the appellant happened on two days, i. e. on 25. 12. 1989 and 27. 12. 1989. 25. 12. 1989 was a Monday. It is the prosecution case that on the first day of the occurrence the appellant entered inside the house of P. W. 1 during the absence of her husband husbands brother, his wife and son. P. W. I who had stood up on hearing the sounds of forcible breaking open of the bamboo door, was caught hold of by the appellant and he








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