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2017 Supreme(Ori) 706

SATRUGHANA PUJAHARI
Sudam Majhi @ Hembram – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant :M/s. D.P. Dhal, Advocate & His Associates, M/s. Manas Chand, Advocate & His Associates
For the Respondent: Mr. C.R. Swain, Additional Standing Counsel

JUDGMENT :

S. PUJAHARI, J.

1. This appeal is directed against the judgment of conviction and order of sentence of the learned Sessions Judge, Keonjhar dated 20.03.2008 passed in S.T. No.215 of 2007, by which the appellants stood convicted under Section 376(2)(g) of the Indian Penal Code, 1860 (for short “the IPC”). The appellant nos.3 and 4 were sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5000/-, in default, to undergo rigorous imprisonment for a further period of one year and other appellants were sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for a further period of six months.

2. Prosecution version, as unfolded during trial, is as follows :-

On 21.05.2006 around 8 p.m. while the victim was enroute home having attended the marriage ceremony of Suna Kisku, the appellants appeared like a comet on the road, in erotic impulse they caught hold of her and forcibly took her to an isolated place where appellant – Gulia Murmu followed by appellant – Gulu Majhi forcibly committed rape on her. The other accused persons caught hold of her to facilitate commission of lustful












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