ORIGINAL JURISDICTION - Orissa High Court

2010 ( I ) ILR-CUT- 386
B.P.RAY, J.
DALU @ SAILENDRA PRADHAN -V- STATE OF ORISSA.*
DECEMBER 19,2009.
131
PENAL CODE,1860 (ACT NO.45 OF 1860) – SEC.376.
Rape – Victim was 16 years old when she was subjected to sexual
intercourse – Sexual intercourse continued for more than three years
by the time information lodged and victim was conceived through the
appellant which was aborted later – No convincing evidence on record
that the accused had extended any threat on her or forced her to have
sexual inter course with him – Victim has not made any whisper before
any one complaining such conduct of the appellant – Held, the victim
is a consenting party and the appellant can not be held guilty of the
charge U/s.376 IPC. (Para 6)
Case law Referred to :-
AIR 1983 SC 753 : (Bharwada Bhoginbhai Hirijibhai -V-State of Gujarat).
For Appellant – Mr.D.P.Dhal.
For Respondent – Addl.Govt. Advocate.
*CRIMINAL APPEAL NO.216 OF 1995. From the judgment and order dated
29.7.1995 passed by Shri S.K.Mohanty, Asst.Sessions Judge, Khurda in
S.T.Case No.7/467 of 1995/94.
B.P. RAY, J. Challenge in this appeal is to a judgment and order of
conviction and sentence passed by the Asst. Sessions Judge, Khurda in S.T.
Case No. 7/467 of 1995/94 in its file. Learned Asst. Sessions Judge vide the
impugned judgment of conviction and sentence held the appellant guilty of
charge U/s. 376 I.P.C and sentenced him to undergo R.I. for 8 years and to
pay a fine of Rs.2,000/- in default to undergo R.I. for two months more.
2. The case of the prosecution against the appellant is that the appellant
had brought the victim (P.W.9) along with her brother, when she was a child
of 8 years old, from their native place and kept them in his house and