JUDGMENT

S.K.SAHOO, J. - “Api Swarnamayi Lanka Na Mein Lakshmana Rochate Janani Janmabhumischa Swargadapi Gariyasi”

(“Lakshmana, even this golden Lanka does not appeal to me. Mother and motherland are greater than heaven.”)

Adi Kavi Valmiki in his epic Ramayana has mentioned that Lord Rama told these lines to his younger brother Lakshmana after their victory over Ravana, the king of Lanka.

Mother is the epitome of love, sacrifice and strength. Carrying all pain of childbearing for months together, she gives birth to the baby with all smiles and satisfaction. The kid is brought up under her care and affection. She understands what her child does not say. Her arms become the most comfortable and safest place for her child. She is the first and best teacher of her child. No child can compensate what his mother does for him. That is why it is told that mother is superior to heaven.

Can a mother be raped by her own son? Can a mother bring false allegation of rape against her son?

These are the questions which have cropped up in this appeal. The appellant Rabindra Sahoo faced trial in the Court of learned Addl. Sessions Judge, Fast Track Court No.II, Cuttack in Session Trial No. 442 of 2005 for offences punishable under Section 341, 506 and 376 of Indian Penal Code for wrongfully restraining her mother one “M” (hereafter ‘the victim’), threatening the victim with injury on her person and also committing rape on the victim on 23.3.2005 at about 9 a.m. at village Jayarampur under Salipur Police Station in the district of Cuttack.

The learned trial Court vide impugned judgment and order dated 29.4.2006 though acquitted the appellant of the charges under Section 341 and 506 IPC but found him guilty under Section 376 IPC and accordingly convicted him of such offence and sentenced him to undergo rigorous imprisonment for a period of ten years.

2. The prosecution case, as per the First Information Report lodged on 23.3.2005 by the victim (P.W.1) before the Inspectorin- charge, Salipur Police Station is that on that day at about 9.00 a.m. while the husband of the informant was not present in the house, the appellant who is the son of the victim and was addicted to liquor and ganja wrongfully confined the victim inside a room and assaulted her by means of a bamboo stick on her left hand and left leg vigorously for which the victim became senseless. The appellant torn the saree of the victim and committed rape on her and also abused her in filthy languages. The victim was virtually dumb founded as she could not believe that her son would commit such an offence with her. The appellant pressed the neck of the victim and asked her to pay Rs.5000/- within three days or else she would be cut into pieces by means of bhujali and saying so, the appellant left the house. At that time the husband of the victim arrived at the house and found her crying sitting on the outside verandah and on being asked by her husband, the victim narrated the incident before him.

3. On receipt of the written report from P.W.1, the Inspectorin- Charge of Salipur Police Station namely Trinath Mishra (P.W.12) registered Salipur P.S. Case No.74 dated 23.3.2005 under Sections 323, 506 and 376 IPC at about 5.30 p.m. and he himself took up the investigation. He examined the informant and recorded her statement so also the statement of her husband Babaji Sahu. Then the I.O. visited the spot and in presence of the informant and other witnesses prepared the spot map Ext.8. The I.O. also seized one bamboo lathi, one lock with two keys from the spot room on production by the informant in presence of the witnesses under seizure list Ext.4. He further examined the witnesses and recorded their statements on 24.3.2005. The I.O. seized the wearing apparels of the appellant under seizure list Ext.9. Then he seized the wearing apparels of the victim under seizure list Ext.3 and then both the appellant and the victim were sent for medical examination under police requisition to S.C.B. Medical Co