The victim's consent, even if any, was of no significance due to her age and the false promises made by the accused in the context of sexual assault.

JUDGMENT :

D. Dash, J.

1. The petitioner by filing this revision has assailed the judgment dated 28.01.2000 passed by the learned Addl. Sessions Judge, Nayagarh in Crl. Appeal No. 245/88 of 1997/96 confirming the judgment of conviction and order of sentence dated 14.11.1996 passed by the learned Asst. Sessions Judge-cum-C.J.M. Nayagarh in S.T. Case No. 18/121 of 1996.

1.1 The petitioner having been convicted by the Trial Court for offence under Section 376 IPC and sentenced to undergo rigorous imprisonment for a period of seven years with payment of fine of Rs. 1,000/- in default to undergo rigorous imprisonment for three months had preferred the appeal which has been dismissed.

2. The prosecution case in brief is that the victim (PW-3) then age about 15 years, during one evening in the month of Jyestha in the year 1995 while returning home purchasing tobaco for her father (PW-1) was restrained by the accused who then lifted her to his "Dhenkanal" near the house and fulfiled his sexual lust by forcibly having sexual intercourse. It is stated that when the victim attempted to raise hulla on being lifted, the accused closed her mouth by putting his hand by force. It is stated that thereafter, the victim was allured by the accused for her marriage with him and with that promise continued to have sexual relationship with her. It is the further case of the prosecution that both the accused and the informant having continued with such relationship, the victim became pregnant and as advised by the accused, she did not disclose these incidents before anybody. The mother of the victim (PW-2), one day during the sixth month of pregnancy noticing such some symptoms when questioned the victim; all these happenings came to light being so disclosed by the victim. It is further stated that the victim thereafter when went to the house of the accused to stay with him as his wife, the accused drove her out. So a village meeting was convened where the accused refuted the allegations. However, the villagers decided that the accused should accept the victim. The accused then fled away by giving threat. Later on, the informant convened another meeting which was attended by both the parties. But that attempt to resolve proved to be an exercise in futility. So ultimately the FIR was lodged at Daspalla Police Station on 11.10.1995 leading to the registration of the case. The Investigating Officer on completion of investigation submitted the charge sheet, placing the accused for trial for commission of offence under Section 376 IPC.

3. The accused took the plea denial in the said trial.

4. During trial, the prosecution examined nine witnesses and proved the FIR marked Ext.5, medical examination report of the victim Ext.1 and other documents. The Trial Court on analysis of evidence, both oral and documentary found the prosecution to have established the charge under Section 376 IPC against the accused beyond reasonable doubt and accordingly, the accused being convicted for the said offence was sentenced as aforesaid. The appeal filed by the accused did not yield any fruitful result. Hence the revision.

5. Learned counsel for the petitioner (accused) submits that the findings of the Courts below that the accused has committed the offence under Section 376 IPC is the outcome of perverse appreciation of evidence and as such are untenable. In this connection, he has invited the attention of this Court to the evidence of the victim PW-3 as also her mother PW-2. It is submitted that the Courts below have mainly been swayed away by the evidence that the victim was found to be pregnant at the relevant time and for that reason, even in the absence of clear, cogent and acceptable evidence on record to established that the accused is the author of and solely responsible for such pregnancy, having gone for sexual intercourse repeatedly, has held his complicity therein. He therefore, urges for setting aside the judgment of conviction and sentence rendered by the Courts bel