Conviction based on circumstantial evidence requires a complete chain of facts that excludes any reasonable doubt as to innocence; extrajudicial confessions require corroboration.

JUDGMENT :

S.K. Sahoo, J.

The appellant Baraju Mania @ Behera faced trial in the Court of learned 1^st Additional Sessions Judge, Puri in S.T. Case No.28/642 of 2003 for offences punishable under sections 376/302 of the Indian Penal Code (hereinafter, 'I.P.C.') on the accusation that on 23.05.2003 at about 3.30 p.m. in a ditch near a banyan tree (locally known as 'Fasidia Baragacha') of village Podatara under Puri Sadar police station, he committed rape on 'MP' (hereafter, 'the deceased') and intentionally committed her murder.

The learned trial Court vide impugned judgment and order dated 07.06.2005 found the appellant guilty under both the charges and sentenced him to undergo imprisonment for life under section 302 of the I.P.C. and to undergo R.I. for ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for two years under section 376 of the I.P.C.

Prosecution Case

2. The prosecution case, as per the first information report (hereinafter, 'F.I.R.') (Ext.1) lodged by P.W.4 Sasimani Pradhan on 23.05.2003 before the Officer in-charge, Puri Sadar police station, in short, is that on 23.05.2003 (Friday), she along with her deceased daughter had been to graze cattle and goats inside a ditch and at about 3.30 p.m., while both of them were returning to their house, on the way, two goats ran away towards Dhadibandha. P.W.4 instructed her deceased daughter to catch hold of the two goats and bring them back to the house and simultaneously she proceeded to the house with the rest of the cattle and goats. P.W.4 waited till 4.30 p.m. in the house, but since her deceased daughter did not return back, she went in search of her daughter calling her name. She found the appellant was standing in the ditch where the dead body of her deceased daughter was lying. P.W.4 found the deceased was having bleeding from her private parts, bite marks on her right side cheek and there was swelling on the neck and she had beaten her tongue. Looking at the condition of the deceased, P.W.4 cried and shouted which drew the attention of the co-villagers, who rushed to the spot. At that time, the appellant was trying to run away but he was caught hold of by the villagers. The deceased was shifted to the District Headquarters Hospital, Puri where the doctors declared her to be dead. P.W.4 came to believe that the appellant after committing rape on the deceased, murdered her.

On the basis of the oral report of P.W.4, P.W.1 Purna Chandra Barik scribed the F.I.R. and it was presented before the Officer in-charge, Sadar police station and accordingly, Puri Sadar P.S. Case No.71 dated 23.05.2003 was registered under sections 376/302 of the I.P.C. against the appellant.

3. P.W.13 Gyana Ranjan Mohapatra, O.I.C., Sadar P.S., Puri took up investigation of the case, examined the informant (P.W.4) and other witnesses. He proceeded to D.H.H., Puri and then to village Podatara where the occurrence took place and found that the appellant was detained by the villagers. He deputed the constable to guard the appellant and proceeded to the ditch where the occurrence had taken place. He seized one white elastic hair band, one hair clip, one bidi, two elastic hair robbers, two matchsticks as per seizure list Ext.12 in presence of the witnesses. He seized the wearing apparels of the appellant under seizure list Ext.3 and also seized the wearing apparels of the deceased on production of her mother (P.W.4) as per seizure list Ext.4. The scientific team arrived at the spot and took photographs. The I.O. (P.W.13) returned to D.H.H., Puri with the appellant, arrested him and sent him for medical examination. He he