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 from that place to the nearest bushes and committed rape on her. The victim came back to her house crying and disclosed about the occurrence before the informant and then when the sister-in-law of the victim confronted her, she also disclosed the same thing. The informant communicated about the incident to ward member Suresh Chandra Naik (P.W.3) and on 16.09.2007 there was a meeting in which the appellant confessed his guilt. The appellant was handed over to the village panchayat but subsequently the appellant managed to escape.

On the oral report of the informant, the Inspector in charge, Barbil police station reduced the same into writing and treated it as F.I.R. (Ext.4) and accordingly Barbil P.S. Case No. 180 dated 20.09.2007 was registered under section 376(2)(f) of the Indian Penal Code and Mr. Sushanta Kumar Taudia (P.W.10), Sub-Inspector of Police, Barbil Police Station was entrusted by the I.I.C. to take up investigation.

During course of investigation, P.W.10 examined the informant, the victim girl, seized the wearing apparels of the victim under seizure list (Ext.3) and sent the victim girl for medical examination under police requisition to the Government Hospital, Barbil. He visited the spot and prepared the spot map (Ext.7) and also examined other witnesses. The appellant was arrested and his wearing apparels were seized under seizure list (Ext.5) and he was also sent for medical examination to the Government Hospital, Barbil. After completion of investigation, P.W.10 submitted charge-sheet on 06.02.2008 against the appellant under section 376(2)(f) Indian Penal Code.

3. After submission of charge-sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned Trial Court charged the appellant under section 376(2)(f) of Indian Penal Code on 25.04.2008 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.

4. During course of trial, in order to prove its case, the prosecution examined as many as twelve witnesses.

P.W.1 Dr. Soudamani Dhal was the O.G. Specialist at P.P. Centre, Barbil who examined the victim on 20.09.2007 and proved her report (Ext.1).

P.W.2 Maheswar Mohanta was the constable attached to Barbil police station who stated about the seizure of vaginal swab, blood sample of the victim along with command certificate of the constable under seizure list (Ext.2).

P.W.3 Suresh Chandra Naik is the ward member of village Kendudihi and he stated that after hearing about the occurrence from the informant, he called a meeting in the village in which the victim disclosed about the occurrence and he further stated that the appellant was also present in that meeting.

P.W.4 P