Santosh Mandhata,Santosh Kumar Mandhata v. State of Orissa
2008-06-20
A.S.NAIDU
body2008
DigiLaw.ai
JUDGMENT A. S. NAIDU, J. — The judgment dated 03.2.1990 passed by the learned Addl. Sessions Judge, Sambalpur convicting the appel¬lant of the charge under Section 376 I.P.C. and sentencing him to undergo R.I. for five years in S.T. No.145/81 of 1989 is assailed in this Criminal Appeal. 2. The criminal action was set in motion on the basis of an F.I.R. lodged by one Pratap Kumar Mohanty-P.W.2 inter alia alleging that the accused-appellant along with one Rabi was staying as a tenant in the house of P.W.2. By efflux of time the accused-appellant developed cordial relationship with the family members of P.W.2. In the morning of 20.6.1989 taking advantage of absence of P.W.2 in his house and his wife P.W.1 was engaged in household work, called the victim girl-Sangita P.W.3 aged about 7 to 8 years to his room on the plea of fetching some “Gudakhu”. Sangita-P.W.3 without any idea about the ill motive of the ac¬cused went to his room with some “Gudakhu”. The accused was lying on the bed and he asked the little girl to press his back. It was alleged that Sangita, an innocent girl started pressing the back of the accused. At that juncture the accused, it was alleged, caught hold of the victim girl, laid her on the bed, opened her pant (Chadi) and threatening her against raising shout, forcibly raped her. Sangita bled profusely from her vagina and started crying. Being threatened to be killed by the accused, she could not shout and went on crying. When the accused let her go, she came and complained before her mother - P.W.1 about bleeding from her private part. By then her father _P.W.2 had returned home and P.W.1 narrated the facts to him. The victim girl was then taken to Hospital by a Rickshaw. Near the hospital she disclosed the incident to her mother-P.W.1. The Doctor started the treatment, stitched the wound, suspected some foul play and enquired about the cause of injury. It was alleged that Sangita-P.W.3 disclosed the overt acts committed by the accused to the Doctor. The matter was thereafter reported at the police and the accused appellant faced trial for commission of offence under Section 376 I.P.C. The plea of the defence was complete denial. 3. The prosecution in order to substantiate its case got ten witnesses examined and exhibited about twelve documents.
The matter was thereafter reported at the police and the accused appellant faced trial for commission of offence under Section 376 I.P.C. The plea of the defence was complete denial. 3. The prosecution in order to substantiate its case got ten witnesses examined and exhibited about twelve documents. The defence on the other hand did not adduce any evidence either oral or documentary. Out of the witnesses examined by the prosecution, P.Ws.1 and 2 were respectively the mother and father of the victim girl- P.W.3. P.Ws.4, 5, 6 and 7 were the witnesses to the seizure. P.W.8 was the Doctor who had examined the victim girl while he was on emergency duty at Tata Refractories Hospital. P.W.9 was another Doctor who was present while P.W.8 examined the victim girl. P.W.10 was the Investigating Officer. Apart from the oral evidence the prosecution also marked two Pants, Frock, Bed sheet, Kantha and Lungi as Material Objects. Relying upon the evidence of P.Ws.1, 2 and 3 which was corroborated by two Doc¬tors-P.Ws.8 and 9, the trial Court arrived at a conclusion that the evidence of P.W.3 the minor girl was trust-worthy. It was observed that the said child witness successfully stood the cross-examination by defence and nothing could be elicited in cross-examination to suspect her evidence, which was rather corroborated by other circumstances, and held that the prosecu¬tion was able to bring home the charge of rape against the ac¬cused appellant beyond all reasonable doubts. The accused was found guilty for commission of offence under Section 376 I.P.C. 4. Mr. Pati, learned counsel for the appellant, in course of hearing of the appeal submitted that the Addl. Sessions Judge proceeded merely on surmises and conjectures than the evidence on record, which was full of discrepancies, and, as such, the order of conviction cannot be sustained. According to him a bare perus¬al of the F.I.R. and the oral evidence reveals that there were serious discrepancies between the facts stated in the F.I.R. and the evidence recorded in Court, which shows a cloud of suspicion. It is further submitted that there were also serious discrepan¬cies regarding disclosure of the incident by P.W.-3 the victim girl to her mother-P.W.1. According to Mr. Pati there was no evidence to show at what point of time P.W.3 disclosed the fact to P.W.1.
It is further submitted that there were also serious discrepan¬cies regarding disclosure of the incident by P.W.-3 the victim girl to her mother-P.W.1. According to Mr. Pati there was no evidence to show at what point of time P.W.3 disclosed the fact to P.W.1. He submitted that P.W.3 was alleged to have disclosed with regard to commission of rape on her on the way to Hospital whereas P.W.2 in his F.I.R. had stated that he learnt from his wife P.W.1 that there was bleeding from private part of the victim. She was sexually assaulted by the accused and only there¬after she was taken to the Hospital. The evidence of P.Ws.1, 2 and 3 however reveals that the incident was told by P.W.3 to her parents on the way to Hospital and also at the time of treatment in hospital by the doctor in presence of P.W.1. It is stated, rather forcefully, the entire evidence vis-a-vis the averments made in the F.I.R. reveals that the prosecution had developed the story from stage to stage and, as such, the conviction cannot be sustained. Further according to Mr. Pati there was no witness to the occurrence. It is stated that the alleged rape was commit¬ted in a house which was occupied also by others. That apart relying upon the evidence of P.Ws.1 and 3 he submitted that the victim girl walked out from the spot of alleged occurrence to her mother and only complained about the bleeding, not anything about the alleged rape. Admittedly spermatozoa living or dead were found in the vaginal swab of the victim, but no injury on the private part of the accused. According to Mr. Pati the entire story was a concocted one and as there was absolutely no evidence to connect the accused appellant with the alleged crime, it is a fit case where the order of conviction should be set aside. 5. According to learned Addl. Government Advocate the medical reports as well as the evidence of P.Ws.1, 3 and that of the doctor-P.W.8 clearly establishes the crime allegedly commit¬ted by the accused appellant. That apart there was no reason to disbelieve the evidence of P.W.3 a minor girl who could success¬fully withstand the cross-examination and clearly narrated the incident and on the basis of the evidence of P.W.3 alone the conviction may not be interfered with by this Court. 6.
That apart there was no reason to disbelieve the evidence of P.W.3 a minor girl who could success¬fully withstand the cross-examination and clearly narrated the incident and on the basis of the evidence of P.W.3 alone the conviction may not be interfered with by this Court. 6. Heard learned counsel for the parties at length. Perused the materials available on record. The accused-appellant was alleged to have committed rape on the minor girl aged about eight years. The Doctor-P.W.8 in his evidence clearly stated that on examination he noticed that there was profuse bleeding from the vagina of P.W.3. The posterior virginal wall fourchette and posterior perineum were found to be lacerated. The length of the injury was 1½” and the injury was stitched when the bleeding was controlled. He stated that on enquiry as to the cause of injury it was ascertained from the patient that she was sexually as¬saulted by one Santosh Kumar Mandhata-appellant. He had clearly opined that the injury found on the vagina of the victim was possible due to penetration. The injury report was marked as Ext.7 P.W.8 further stated that on the same day, i.e., on 28.6.1989, he also examined the accused who was a young man of 27 years. This witness was cross-examined at length but then nothing could be elicited from him to disbelieve the statement made in examination-in-chief. The Material Objects like the Bed sheet, Kantha, lungi and two panty which were seized and sent for chemi¬cal examination reveal that there was human blood of “B” group at two spots. The “Kantha” which was spread over the bed at the relevant time and was sent for chemical examination reveals that there was large patch of human semen and also some patches of blood. The Chadi “panty” worn by the girl contained washed stain of human blood of “B” group. Admittedly the victim was a minor girl. She had been examined as P.W.3. She was put some test questions and the Court was satisfied that she was not much aware of sexual acts but she was able to answer the questions according to her mental ability. According to her in the unfortunate morn¬ing the accused had asked her to bring some “Gudakhu” and tooth stick. When she entered into the room he asked her to press his waist.
According to her in the unfortunate morn¬ing the accused had asked her to bring some “Gudakhu” and tooth stick. When she entered into the room he asked her to press his waist. Then the accused pulled her, laid her on the bed, closed her mouth, threatening to kill her made her naked and committed rape. According to her there was pain on her vagina she bled profusely. Seeing that the accused had left her threatening her not to disclose the fact to anybody, she rushed to her mother but out of fear did not disclose the incident. Her mother carried her to Hospital and near the Hospital Gate, it was stated she dis¬closed before her mother the real facts. She also stated that on being asked she disclosed the actual facts before the Doctor-P.W.8. She has been cross-examined at length. To a question put in cross-examination she answered that the accused had closed her mouth but her hands were free. Due to pain, she moving her hands and legs. The accused threatened her to assault. In cross-examination she also stated that she had intimated her mother that there was bleeding from her vagina and on her way to the Hospital she had disclosed about the actual incident. A reading of the entire evidence leads to the conclusion that the statement of the victim girl was trust-worthy. That apart, the statement of the victim girl has not been shaken in cross-examination and rather was corroborated by evidence of the doctor-P.W.8 who was a respectable person and had no axe to grind against the accused-appellant. Law is well settled that a conviction can be main¬tained on the basis of the evidence of the prosecutrix alone if her statements are believable and acceptable in evidence. In the case at hand the statement of P.W.3 the victim girl was substan¬tially corroborated by P.Ws.1 and 8. The discrepancies pointed between the F.I.R. and the statements of P.Ws.1, 2 and 3 were minor in nature without any way affecting the substratum of the statement made by the victim in her evidence. 7. In the impugned judgment the learned Addl. Sessions Judge has dealt with the evidence in extenso and the conclusions arrived at do not suffer from any infirmity.
7. In the impugned judgment the learned Addl. Sessions Judge has dealt with the evidence in extenso and the conclusions arrived at do not suffer from any infirmity. After going through all the materials including the evidence as well as the exhibits this Court is satisfied that the impugned judgment does not suffer from any infirmity or illegality and declines to interfere with the same. But then the occurrence took place in the year 1989. Nineteen years have passed in the meanwhile. The accused-appellant has suffered imprisonment only for a period of ten months. Fact remains the appellant had committed a heinous of¬fence and raped a minor girl aged between 7 and 8 years that too taking advantage of his cordial relationship with the family of the victim girl. Commission of such offence in spite of the relationship is not expected of a reasonable, prudent and a civilized man in the society. Considering all these aspects this Court is not inclined to interfere with the sentence imposed and dismisses the Criminal Appeal. The trial Court is directed to cancel the bail bond and take immediate steps for apprehending the accused-appellant forthwith. Appeal dismissed.