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2006 Supreme(Ori) 175

R.N.BISWAL
STATE OF ORISSA – Appellant
Versus
SARAT CHANDRA ROUT – Respondent


Advocates Appeared:
B.K.NANDA

R. N. BISWAL, J.

( 1 ) THIS appeal has been directed against the judgment and order dated 11. 8. 1992 passed by the c. J. M.-cum-Assistant Sessions Judge, koraput-Jeypdre camp at Malkangiri in sessions Case No. 96 of 1991 wherein he acquitted the accused-respondent of the offence under Section 376 of i. P. C. and convicted and sentenced him for the offence under Section 354 of i. P. C. only.

( 2 ) AS per the prosecution case on 22. 8. 1991 at about 2. 00 P. M. while the victim (P. W. 1) had been to attend the second call of nature, behind the veterinary office of Kudumulugumma, the accused-Respondent and co-accused Nalu Dora came near her and while accused Nalu caught hold of her, accused-Respondent ravished her against her will and without her consent. It was also alleged that accused Nalu, snatched away her gold ring. As depicted in the F. I. R. , because of fear of casting of slur in her good name she was in double mind to lodge F. I. R. or not. But when the O. I. C. of Orkel I P. S. came to her village and some villagers asked, her to report the incident, she lodged the report on 24. 8. 1991. As the allegations contained in the report revealed a cognizable case for the offenc




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