HIGH COURT OF ORISSA : CUTTACK

CRLREV No.633 of 2015

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From the judgment dated 29.04.2015 passed by Sri Ram Shankar Hota,

Additional Sessions Judge, Bargarh passed in Crl. Appeal No.27/32 of

2011-13 confirming the judgment and order of sentence dated

23.12.2010 passed by Sri R.K.Misra, C.J.M-cum-Assistant Sessions

Judge, Bargarh in C.T. Case No.43/9 of 2010.

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Suryakanta Hanuman

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Petitioner

Versus

State of Orissa

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Opposite party

For petitioner

:

Mr.B.Sahoo and A.Tripathy

For Opp. Party

:

Mr.Karunakar Nayak.

Additional Standing Counsel

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PRESENT:

THE HONOURABLE SHRI JUSTICE D.DASH

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Date of Hearing :19.02.2019

Date of judgment :01.03.2019

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D.Dash,J

The petitioner, being arraigned as an accused in G.R. Case

No.546 of 2009 arising out of Bargarh P.S. Case No.243 of 2009

registered for offence under section 376/450 of the IPC, was arrested

and produced on 9.8.2009. The case having been committed to the

court of Sessions, he finally faced the trial for offence under section

476/450 of IPC in the court of the learned C.J.M-cum-Assistant Sessions

Judge, Bargarh in C.T. Case No.43/9 of 2010.

The petitioner in the trial has been convicted for offence

under section 376/450 of the IPC and has been sentenced to undergo

rigorous imprisonment for a period of seven years with payment of fine

of Rs.1000/- in default to undergo rigorous imprisonment for a period of

six months for offence under section 376 IPC and rigorous for a period

of three years with payment of fine of Rs.1000/- in default to undergo

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rigorous imprisonment for six months for the offence under section 450

IPC with the stipulation that the substantive sentences shall run

concurrently. The judgment of conviction and order of sentence having

been passed on 23.10.2010, the petitioner carried an appeal, which

came to be heard and disposed of by the learned Additional Sessions

Judge, Bargarh in Criminal Appeal No.27/32 of 2011-13. The learned

appellate court has finally confirmed the judgment of conviction as well

as the order of sentence passed by the trial court.

Being aggrieved by the same, the present revision has been

filed by the convict.

2.

The prosecution case, in short, is that on 7.8.2009, during

day time, when the minor victim was alone in their house as her parents

had gone to their work place, the accused made his entry therein and

committed rape on her. It is stated that after the incident the accused

left the place. The victim then narrated the incident before her parents

when they returned home.

3.

The plea of the defence is that of complete denial and false

implication.

4.

The trial court, on going through the evidence of witnesses

numbering twenty as also the lone witness examined on behalf of the

defence and upon their analysis and evaluation, has recorded a finding

that the prosecution has proved its case beyond reasonable doubt

against the accused. Accordingly, the accused has been convicted for

the offence under section 376/450 IPC and sentenced as aforestated.

5.

The learned appellate court, having made independent

analysis of evidence both oral and documentary on record at its level,

has recorded its satisfaction as to the establishment of the material

aspects of the case against the accused and thus having accepted the

finding rendered by the trial court, has confirmed the judgment of

conviction and order of sentence.

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6.

Learned counsel for the petitioner, placing the deposition of

the victim examined as p.w.10, submitted that the appreciation of

evidence by the courts below is perverse inasmuch as by overlooking

the statement that the victim has made during cross-examination as

regards the role of the petitioner, which according to him, if is taken into

consideration in its prop