JUDGMENT :

S. K. SAHOO, J.

1. The appellant Jaga Penthei faced trial in the Court of learned Adhoc Additional Sessions Judge (Fast Track Court), Champua in S.T. Case No.20/57 of 2008 for offence punishable under section 376(2)(f) of Indian Penal Code for committing rape on the minor daughter of the informant (hereafter ‘the victim’) under twelve years of age on 13.09.2007 at about 3.00 p.m. near Kendudihi Nala under Barbil police station in the district of Keonjhar.

The learned Trial Court vide impugned judgment and order dated 26.12.2008 found the appellant guilty under section 376(2)(f) Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.3,000/-, in default, to undergo rigorous imprisonment for a further period of five months.

2. The factual matrix of the prosecution case, as per the first information report lodged by one Shyam Penthei (P.W.6) before Inspector in charge, Barbil Police Station, Keonjhar is that on 13.09.2007 at about 3.30 p.m. while the victim had been to take bath to the Kendudihi Nala and changing her dresses after taking bath, at that time, the appellant arrived there and forcibly lifted the victim