JUDGMENT :

Savitri Ratho, J.

The petitioner has been convicted vide judgment and order 26.07.2011 passed by the learned Asst. Sessions Judge, Bhanjanagar in S.T. Case No.08 of 2007 for commission of offence punishable under Section 376 of I.P.C and sentenced to undergo R.I. for seven years and to pay a fine of Rs.2000/-, in default of payment, to undergo R.I. for two months more. The conviction and sentence has been confirmed by judgment and order dated 11.12.2015 passed by the learned Addl. Sessions Judge, Bhanjanagar in Criminal Appeal No.19 of 2011.

2. The prosecution case in brief as per is that the victim – the daughter of Bijaya Pradhan was deaf and dumb from her childhood and was aged about 20 years at the time of occurrence. The accused - petitioner was aged about 30 years at the time of occurrence. On 09.06.2006 at 3.00 P.M., while the victim was returning from the paddy field where she had gone to attend the call of nature, the petitioner committed rape on her, assaulted her and threw her in the paddy field. She became senseless and regained her sense at 6.00 pm after which she went home and narrated the events to her family members. Her father Bijaya Jena reported the matte