The absence of corroborative evidence, including a medical examination, creates reasonable doubt, necessitating acquittal on charges of attempted rape and robbery.

JUDGMENT :

SIBO SANKAR MISHRA, J.

1. The present Criminal Appeal, filed by the appellants under Section 374 of the Code of Criminal Procedure, is directed against the judgment and order dated 06.02.1996 passed by the learned Assistant Sessions Judge, Boudh, in S.T. No. 1 of 1995 (arising out of S.T. No. 113 of 1994 of Phulbani District Court). By the impugned judgment, the learned Trial Court convicted the accused-appellant No.1 for the offences punishable under Sections 376 /511, 457, and 397 of the INDIAN PENAL CODE . The appellant No.1 was sentenced to undergo rigorous imprisonment for seven years for the offence under Section 376 /511 IPC and to pay a fine of Rs. 1,000/-, in default whereof to undergo simple imprisonment for six months. For the offence under Section 457 IPC, he was further sentenced to seven years’ rigorous imprisonment and a fine of Rs. 1,000/-, in default to undergo simple imprisonment for six months. For the offence under Section 397 IPC, the appellant No.1 was sentenced to eight years’ imprisonment and a fine of Rs. 1,000/-, in default to undergo simple imprisonment for six months. The accused-appellant No.2 was sentenced to undergo R.I. for a period of seven years and to pay a fine of Rs.1,000/- (Rupees one thousand), in default, to undergo S.I. for a period of six months for the offence under Section 457 of the IPC. The Trial Court directed that all the sentences shall run concurrently against accused appellant No.1.

2. Heard Ms. Chetna Prakash, learned counsel appearing for the appellants and Mrs. Sarita Moharana, learned Additional Standing Counsel appearing for the State.

3. On 07.04.1994, at about 10:00 P.M., while P.W.1 Pramila Behera was inside her house at Kalikpodi-Godhipada along with a minor girl, P.W.7 Kumari Rita Samal (aged about 9 years), the accused persons flashed a torchlight towards her house. P.W.1 raised alarm, whereupon the accused persons fled away.

A little later, P.W.5 Rabindra Pradhan (her halia) came to her house and, on her request, he slept in the courtyard, while P.W.1 and P.W.7 slept inside. Around midnight, P.W.1 awoke up on hearing the sound of her door. Suddenly, accused Bhalu Sahu @ Bhabagrahi Sahu entered her house, disrobed her, embraced her, and threatened to stab her with a Gupti (M.O.I) if she raised alarm. He then forcibly laid her on the floor and attempted to commit rape.

When P.W.1 cried out, P.W.7 woke up. At that point, accused Bhalu dragged P.W.1 outside, where she saw accused Debaraj Pradhan standing near P.W.5 with a thenga, and another man near the back door. Bhabagrahi called Debaraj, who joined him. P.W.1 identified the person at the back door as accused Dhaneswar Sahu @ Phani of village Kanpur.

Accused Bhalu took the key from near the cot and handed it to Debaraj. Together, Bhalu and Debaraj dragged P.W.1 into another room, unlocked her box, and looted Rs. 1,800 in cash and one gold chain.

Throughout, Bhalu kept threatening her with the Gupti.

While retreating through the back door, P.W.1 again raised alarm.

This woke P.W.5, who challenged the accused. Debaraj caught hold of P.W.5 and threatened to kill him if he shouted. The accused then fled away. Sachindra Pradhan (uncle of P.W.1) also saw the accused running away.

After P.W.2 Chandra Sekhar Pradhan arrived at the house, P.W.1 lodged the F.I.R. on 14.04.1994 at 4:00 P.M. The delay was explained as due to the absence of P.Ws. 2 and 3 at the time of the incident.

On receiving the F.I.R., the O.I.C., Purunakatak P.S., registered Case No. 18/94 under Sections 457 /376/511/392/397/34 IPC and took up inve