Anasaya Das v. State

CRLREV NO. 720 OF 2010

1. 25.07.2019

This revision has been directed against the judgment of conviction and order of sentence dated 09.02.210 passed by the learned Addl. Sessions Judge, (FTC-II), Bhadrak in S.T. Case No. 109/33 OF 2009.

By the said judgment, learned court below having convicted the respondent no. 2(accused) for commission of offence under section 376/511 of IPC and sentenced him to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 1000/- with default stipulation; this revision has been filed by the informant examined as P.W.1 in the trial with a prayer that the conviction be recorded for commission of offence under section 376 of IPC instead of section 376/511 of IPC and accordingly sentence be enhanced.

Heard learned counsel for the petitioner. The revision having been filed on 07.05.210, till date, it has not been admitted. In the meantime, there has been lapse of about nine and half years since the judgment of conviction and order of sentence which have been called in question in this revision.

Heard learned counsel for the petitioner and learned counsel for the State. Perused the judgment.

Keeping in view the submissions made, the impugned order being gone through, it is seen that on examination of the version of P.W.1, the victim, who is the petitioner in this revision, the trial court has taken a view that the narrations of the incident as obtained in her evidence, offence under section 376 of IPC is not

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