The court established that a conviction for rape requires clear evidence of non-consent; doubts arising from victim testimony, particularly without corroboration, necessitate acquittal.

JUDGMENT :

D.Dash, J.

1. The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dated 6th January, 2003 passed by the learned Chief Judicial Magistrate- Cum-Assistant Sessions Judge, Angul in S.T. Case No.204 of 2001 (Trial Case No.35 of 2001) arising out of G.R. Case No.336 of 2003 corresponding to Angul P.S. Case No.44 of 2001 pending on the Court of the Learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Angul.

By the impugned judgment of conviction and order of sentence, the Appellant (accused) has been convicted for commission of the offence under section 376 of the Indian Penal Code, 1860 (for short, ‘the IPC ’). Accordingly, he has been sentenced to undergo rigorous imprisonment for eight (8) years and pay fine of Rs.1,000/- (Rupees One Thousand) in default to undergo rigorous imprisonment for three (3) months for commission of the said offence. The Trial Court has further directed that the fine amount, if realized, be paid to the prosecutrix.

2. Prosecution Case:-

The Informant (Victim-P.W.2), since the year 1994, was serving at Jevan Seva Office, Angul. About six months before the incident, the Appellant (accused), who had a cassette shop at Angul Bus Stand, had gone to the said office. The accused, coming in contact with the victim (P.W.2), told her that she would become his God sister from that time onwards. On one occasion, the Appellant (accused) had taken the victim to his house and he himself twice visited the house of the victim (P.W.2).

It is stated that on 23.03.1995, during noon hours, when the victim (P.W.2) was waiting at Angul Bus Stand to board a bus in order to go to her house, the accused arrived there and told her that he would drop her in the house. Accordingly, the accused took the victim (P.W.2) in his scooter. It was around 1.00 p.m., on the way near Village-Kumursingha hill, the accused stopped his scooter. When the victim asked him as to why he did so, the accused told her that he would be going to attend call of nature. It is alleged that soon thereafter, the accused caught hold of the victim and forcibly dragged her towards the jungle with ill intention. The victim, therefore, cried and requested him not to behave with her in that way. It is stated that the accused then told that he would marry her and so saying, the accused dragged her behind the bushes forcibly and making her lie on the ground facing upward, molested her despite protest from the side of the victim. The accused then lifting the wearing apparels of the victim and removing the undergarments, had sexual intercourse. The victim, then raised hullah and cried. It is next stated that the accused thus, having committed rape, told the victim that she need not be worried as he would marry her and asked her not to disclose the incident to anybody. The accused then took her on his scooter and left her near her house when it was around 3.00 p.m. and therefrom the accused left. The victim, out of shame, did not disclose the incident to anybody immediately but as she felt pain, after some time, she narrated the incident before her mother (P.W.1). On the next day, the victim (P.W.2) did not feel well and she remained confined to her house. On the next day, having gone to the office, the victim disclosed the incident before her office staff and then she reported the matter in writing with the Officer-in-Charge (O.I.C.) of Angul P.S.

The O.I.C., on receiving the above written report, treated the same as FIR (Ext.1) and upon registration of the criminal case, took up the investigation.

The I.O. (P.W.11), in course of the investigation, examined the Informant (Victim-P.W.2) and other witnesses and recorded their statements under Section 161 Cr.P.C, sen