The court's decision was influenced by the lack of corroboration from medical evidence, victim's conduct, and absence of relevant witnesses and material objects during trial.

JUDGMENT

S.K. Sahoo, J. - The appellant Ghuku @ Buku @ Fuku @ Hookusingh Lama faced trial in the Court of learned Presiding Officer, Special Court (S.C. & S.T.), Balasore in Special Case No.344 of 2016/CIS No.186 of 2016 for commission of offences punishable under sections 342/ 365/ 376(1) of the Indian Penal Code read with section 3(2)(v)/3(2)(va) of the S.C. and S.T. (POA) Act.

The learned trial Court vide impugned judgment and order dated 16.05.2018 while acquitting the appellant of the charges under sections 3(2)(v)/3(2)(va) of the S.C. and S.T. (POA) Act, found the appellant guilty of the offences under sections 342/ 365/376(1) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo rigorous imprisonment for two months more for the offence under section 342 of the of the Indian Penal Code; rigorous imprisonment for three years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo rigorous imprisonment for six months more for the offence under section 365 of the Indian Penal Code and rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo rigorous imprisonment for two years more for the offence under section 376(1) of the Indian Penal Code and all the sentences were directed to run concurrently.

2. The prosecution case, in short, as per the first information report lodged by Shri Rabindra Jena (P.W.5) before the I.I.C., Sadar police station, Balasore on 17.03.2016 is that he was working as a labourer in the Oriplast Pipe Factory of Balasore and as usual on 16.03.2016 his younger daughter (hereafter 'the victim) (P.W.8), who was aged about nineteen years, came at about 12.45 p.m. with the tiffin box to hand it over to him but she did not return back home on that day. P.W.5 made frantic search of the victim at different places but could not locate her for which he lodged a missing report (Ext.2) at Sadar police station, Balasore on 17.03.2016. Thereafter, he received information that on 16.03.2016 in the afternoon, the appellant had taken away the victim in a cycle towards Bamapada, which was seen by others. P.W.5 searched for the victim and could locate her and the victim told him that on 16.03.2016, the appellant confined her in his house and by gagging her mouth, committed rape on her. Seeing P.W.5, the appellant tried to flee away by jumping over a wall and in that process, he sustained injury on his head.

On the basis of such first information report, Balasore Sadar P.S. Case No.54 dated 17.03.2016 was registered against the appellant under sections 342/ 365/376(1) of the Indian Penal Code and section 3(1)(xi) of the S.C. and S.T. (POA) Act. On the request of the I.I.C. of Sadar police station, P.W.10 Prafulla Chandra Badajena, the S.D.P.O., Sadar, Balasore took charge of investigation and during course of investigation, he examined the witnesses, visited the spot, prepared the spot map (Ext.9), issued requisition to S.P., Balasore for deputation of lady Sub-Inspector/Inspector for assisting him in investigation. He seized one blue colour saree and one red white mixed colour blouse of the victim under seizure list Ext.3. He also seized the man missing report of the victim as per seizure list Ext.1 and one blue colour Avon bicycle of the appellant as per seizure list Ext.4 and handed over the seized cycle in the zima of one Suraj Bahadur under zimanama Ext.10. He sent requisition to Tahasildar, Remuna for furnishing caste particulars of the informant, the victim and the appellant. On 18.03.2016, the Investigating Officer seized one green and black colour butterfly print sky colour frock used by the victim at the time of occurrence, which was produced by the informant under seizure list Ext.6. On the very day, the Investigating Officer also sent the victim to D.H.H., Balasore for her medical examination and made prayer to the learned