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2019 Supreme(Ori) 465

D.DASH
Siba Baskey – Appellant
Versus
State Of Orissa – Respondent


Advocates Appeared:
M/s. S.R. Mohapatra, B.R. Mohanty, S. Harichandan, K.K. Swain and L. Pattnaik, Advocates, for the Appellant; Mr. K.K. Nayak, Addl. Standing Counsel, for the Respondent
Cases Referred
Raju vs. State of U P., (2008) 15 SCC 133

JUDGMENT

D. Dash, J. - The petitioner by filing this revision has assailed the judgment dated 13.12.2002 passed by the learned Ad hoc Addl. Sessions Judge, (FTC), Baripada, in Crl. By the impugned judgment, the judgment of conviction and the order of sentence dated 27.05.2000 passed by the learned Asst. Sessions Judge, Udala in S.T. Case No. 17/120 of 1999 have been confirmed. The petitioner having been convicted by the trial court for commission of offence under Section 376 I.P.C. has been sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 1,000/- in default to undergo rigorous imprisonment for a period of six months. The appellate court has confirmed the finding of guilt as above as also the order of sentence.

2. The prosecution case in short is that on 24.03.1998 evening when the informant (P.W.5) was going to the house of Kundru Sethi to witness video show there, on her way the accused called her and offered tobacco in presence of Mitu who was his field hand. It is stated that the accused then dragged her inside the house and forcibly committed sexual intercourse. It is the further case of the prosecution that when the P.W. 5 protested,

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