The main legal point established is the reliance on the victim's testimony, medical evidence, and corroborating witness testimonies in cases of rape, and the emphasis on deterrence in sentencing for such crimes.

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 matter at the Buguda Police Station pursuant to which S.D. entry No.147 and then Buguda P.S Case No 104 dated 10.06.2006 was registered and investigation taken up. After completion of investigation, chargesheet was filed against the petitioner for commission of offences punishable under Section 376 IPC.

3. The defence plea was one of complete denial. The further plea of the accused was that he had been falsely implicated due to previous enmity.

4. The prosecution examined ten witnesses to prove its case.

P.W.1-Chakrapani Pradhan has stated that the occurrence took place on 9.6.2006 and he was the president of the caste ‘Samaj’ to which the informant belongs to. Thereafter, on 10.6.2006 the informant Bijaya Kumar Pradhan and his brother informed him about the incident but as the caste forum was not competent to settle the dispute he requested the informant to file F.I.R. before the police and in cross-examination he stated that the police had not examined him in this case and there is no Gramya committee in their village.

P.W.2-Bibhuti Bhusan Pradhan has stated that the occurrence took place on 9.6.2006 and on that date the victim was working in his garden and he noticed that the saree she was wearing was damaged and he instructed other workers to instruct the victim to wear it properly. In cross-examination, he stated that he had not talked with the victim on 9.6.2006.

P.W.3-Surendra Pradhan is the younger brother of the informant and he has stated that on the evening of the relevant day, he found the victim girl to be crying and on his query, the victim answered him by signs that the accused after damaging her wearing saree had raped her and he was able to understand the signs of the victim and immediately he alongwith the informant and victim went to the house of their caste President, P.W.1 and on the way, the victim had also shown them the house of the accused and their caste president asked them to file F.I.R. and in cross-examination he has stated that there is a village committee in their village and he stated that he is staying separately from the informant as well as other brothers that his wife alongwith the wife of the informant were present when the victim narrated about the incident before them. In cross examination, he has stated he could not say the exact date of the occurrence and that he was able to understand some of the signs of the victim and unable to understand some other signs and gestures.

P.W.4-Mamali Pradhan has stated that the victim was working with her in the garden of P.W.2.

P.W.5-Bijaya Pradhan is the informant in this case and he corroborated the F.I.R. story in his examination-in-chief and he stated that at about 6.00 p.m. on 9.6.2006, his daughter told him by sign that the accused had raped her on the bank of river called “Boda”