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1994 SCC OnLine Ori 306 : 1995 Cri LJ 1561

Orissa High Court

(BEFORE A. PASAYAT AND D.M. PATNAIK, JJ.)

Panibhusan Behera and Others … Appellants;

Versus
State of Orissa … Respondent.
Criminal Appeals Nos. 175 and 191 of 1993 and Jail Criminal
Appeal No. 205 of 1993
Decided on November 7, 1994*

Page: 1562

The Judgment of the Court was delivered by

PASAYAT, J.:— “Rape or Raptus is when a man has carnal knowledge
of a woman by force and against her will” (Co. Ldtt. 123 b), or, as
expressed more fully, “rape is the carnal knowledge of any woman,
above the age of ten years, against her will, or of a woman child, under
that age, with or against her will” (Hale P.C. 628). In India, as set out
in clause Five of section 375 of Penal Code, 1860 (inshort, ‘IPC’), the
age relating to consent is sixteen years, at present. Original age of ten
has been substituted from time to time in 1891 and 1925 by twelve
years, and fourteen years since 1949 it is sixteen years. The essential
words is an indictment for rape are rapuit & carnaliter cognovit. Rape is
no longer considered as sexual assault by a man on the victim. Its scar
on account of physical action may be obliterated, but it leaves in an
indolent state of mind of the victim which is never healed. Here the
victim whose name we do not propose to indicate, has suffered
ignomity of sexual assaults, as is claimed, by three persons, present
appellants. Such an act has been described as “gang rape” infection
376, IPC. By Explanation I, it is provided that when a women is raped
by one or in a group of persons acting in furtherance of their common
intention, each of the person is deemed to have committed gang rape
within the meaning of sub-section (2)

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of section 376. A higher punishment is provided by enacting that the

imprisonment shall be for a term not less than ten years, or may be for
life and with liability for fine also. The Explanation has been introduced
by the legislature with a view to effectively deal with the growing
menace of gang rapes.

2. The three appellants have been sentenced to undergo

imprisonment for life by learned Sessions Judge, Sundargarh on the
basis of their conviction under section 376, IPC. Additionally, they were
sentenced to undergo rigorous imprisonment for five years for the
offence punishable under section 3(1)(xii) of the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short
‘Atrocities Act’). Appellants Pani Bhusan Jeet Sankar and Ditiabandhu
call in question their conviction on the ground that the medical
evidence clearly falsifies the prosecution case. Strong reliance is placed
on the evidence of doctors (P.Ws 13 and 14) for the purpose. It was
submitted that their evidence showed absence of recent sexual
intercourse, absence of smegma, and absence of injury on the
prosecutrix (PW 12).
3. Accusations as made by the prosecution, which led to trial of
accused persons are as follows:
On 29-5-1992 the prosecutrix and her friend (PW 3) both
belonging to village Narendra under Donai Police Station went to
village Babunuagaon at about 10 a.m. to give measurement of their
dresses to the tailor Giridhari Patra (PW. 1). From there they went to
the house of prosecutrix's sister, took their lunch, and after taking
rest for some time were coming towards their village by cycles. At
about 3.30 p.m., on Bonaigarh-Gumindia Road, the three accused
persons who were going in two bicycles passed them on the way,
again returned and asked them as to where they were going. The
girls did not respond and continued their journey towards village.
Suddenly accused Jeet Sankar caught hold of the hand of PW. 3, who
gave a bite and Jeet Sankar left her hand. Three accused persons
chased the prosecutrix, who got down from her bicycle and started
running. The accused persons caught hold of her, took her inside a
pit in the road side. PW. 3 travelled in her bicycle at a great speed to
their village and informed the father of prosecutrix that the three
accused persons were dragging the prosecutrix. On hearing this,
father of the prosecutrix (PW. 4) came to a betal shop in the village
where PWs 5, 6, 10 and others were sitting, and told them about the
incident. Accused Fanibhasan removed her pant and under cloth,
made her lie down with the help of accused Dinabandhu Behera,
caught hold of her hands, stretched her legs and Jeet Sankar made
forcible intercourse, and gave her two to three strokes. Thereafter
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accused Jet Sankar caught hold of her legs and accused Fanibhasan
made forcible intercourse. On being informed by PW. 4, PWs. 5, 6,
10 and other went to the spot. PW. 5 Priyabandhu Pradhan arrived at
the spot first and saw three bicycles lying on the road, saw head of a
boy inside a pit and proceeded towards the spot. He saw Fanibhusan
making intercourse with the prosecutrix. He saw accused
Dinabandhu Behera gagging the mouth of the prosecutrix in one
hand, and catching hold of her hand by another hand and accused
Jeet Sankar was catching hold of another hand of the prosecutrix and
raising her one leg. Accused Fanibhusan was naked. Seeing him,
accused persons started running. PW 5 caught hold of Fanibhusan,
who was naked and the other villagers saw the other two accused
persons running away, chased them and caught hold of them. Nakru
Kishan (PW. 4), father of the prosecutrix also arrived there. They
asked the names of the accused persons. The prosecutrix got up and
put on her pant and later on lost her senses. She was unable to talk
and was feeling thirsty. So she was taken to village. The three
accused persons were taken to the village club house, their names
were ascertained with address, and subsequently were taken to the
Bonaigarh police station. On the basis of information lodged by PW.
4 a written report was prepared, investigation was undertaken, and
the prosecutrix and the accused persons were sent for medical
examination. The wearing apparels of the prosecutrix were also
seized. Test identification parade was held where the accused
persons were duly identified by prosecutrix. After completion of
investigation, charge sheet was submitted.
4. The accused persons pleaded innocence. According to them, while
they were returning from Chura Munda village saw two Girls and asked
them as to where they were going, upon which one of the girts fled
away and informed the villagers, who came, caught hold of them, as

Page: 1564

saulted them and produced them before Police Station, and the case
has been falsely foisted against them.

5. Considering the evidence of seventeen witnesses who were

examined to further the prosecution case, and placing reliance on the
documents brought on record, the learned Sessions Judge held that
offence punishable under section 376, IPC was clearly made out against
the accused persons. He, however, acquitted them of the charge under
section 354/34, IPC. Additionally he held them liable for the offence
punishable under section 3(1)(xii) of the Atrocities Act. The accused
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persons were sentenced to imprisonment for life for the offence

punishable under section 376(2)(g), IPC, and were further sentenced to
rigorous imprisonment for five years for the offence punishable under
section 3(1)(xii) of the Atrocities Act.
6. Since the plea of the accused persons rests on the acceptability of
allegations of rape in the background of medical evidence, we have
restricted our consideration to that aspect only. In the statement of the
accused persons recorded under section 313 of the Code of Criminal
Procedures, 1973 (in short, the ‘Code’), it is accepted that they asked
the two girls as to where they were going, one of the girls ran away,
they were taken by the villagers from the spot of occurrence to the
village club, and were produced before Police. In other words, presence
of at the place of occurrence is accepted.
7. Evidence of the prosecutrix alone is sufficient to maintain the
conviction under ection 376, IPC. Evidence of the proecutrix about the
incident is as follows:
“This accused (identified accused Fani Bhusan) removed my chadi
and the napkin (undercloth), made me lie down. Accused
Dinabandhu Behera (correctly identified) made me lie down and
caught hold of both my hands. Accused Fani Behera stretched my
legs, accused Jeet Sankar Bohidar (correctly identified) made
intercourse with me, and gave two to three strokes. He got up
caught hold of my legs. Thereafter! accused Fani Behara penetrated”
8. Evidence of the doctor (PW. 13) who examined the prosecutrix is
to the effect that he found no external injury on her person or private
part. He opined that the injury on the private part, i.e. in the vagina of
the victim girl depends on the size of penis, vagina and flexibility of
hymen and the force used. In the present case, the hymen was not
ruptured. He stated that he could not tell if the orifice was big enough.
The vagina allowed his two fingers tightly upto 2½′. When his two
fingers upto 2½′ had entered into the vagina of the girl, the possibility
of penis of a youngman upto that extent entering into the vagina of the
girl cannot be ruled out. He had not examined the penis of the accused
persons. No injury was caused in the vagina of the girl when he put his
two fingers inside the vagina of the girl. He agreed to the suggestion
that the injury on the private part of the vagina depends upon the
nature of the hymen, the size of male and female organ, the extent of
penetration and the amount of force used. He did not accept the
suggestion that the hymen is usually lacerated in case of virgins PW. 14
examined accused Jeet Sankar Bohidar on 30-5-1992 and found no
injury on his private part. Similar was the report in respect of accused
Fani Bhusan. No smegma was present under the prepuce of the penis
of any of the three accused persons. PW. 14 opined that smegma is a
natural creation of human body, absence of smegma indicates no
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recent sign of sexual intercourse, and recent time meant within 12

hours. He further opined that the penises of the three accused persons
are of normal growth and capable of sexual intercourse. He did not find
any sign of recent sexual intercourse with the penis of the aforesaid
three accused persons. It is the absence of injury, absence of smegma
and the conclusion that there was no sign of recent intercourse which
constitute trumpcard in the defence plea.
9. Penetration is the sine qua non for an offence of rape. In order to
constitute penetration, there must be evidence clear and cogent to
prove that some part of the virile membrum of the accused was within
the labia of the pudendum of the woman, no matter how little (See
Joseph Lines LC & K. 393). It is well-known in the medical world that
the examination of smegma loses all importance after twenty-four
hours of the performance of the sexual intercourse. (See Dr. S.P. Kohli,
Civil Surgeon, Ferozepur v. High Court of Punjab and Harayana through
Registrar: (1979) 1 SCC 212 : (1978 Cri LJ 1804 at P.1809). In rape
cases, if the gland of the male organ is covered by smegma, it
negatives the possibility

Page: 1565

of recent complete penetration. If the accused is not circumscised, the

existence of smegma round the corona gland is proof against
penetration, since it is rubbed off during the act. The smegma
accumulates if no bath is taken within twenty-four hours. The rupture
of hymen is by no means necessary to constitute the offence of rape.
Even a slight penetration in the vulva is sufficient to constitute the
offence of rape and rupture of the hymen is not necessary. Vulva
penetration with or without violence is as much rape as veginal
penetration. The statute merely requires evidence of penetration, and
this may occur with the hymen remaining intact. The actus reus is
complete with penetration. It is well settled that the prosecutrix cannot
be considered as an accomplice and, therefore, her testimony cannot be
equated with that of an accomplice in an offence of rape. In
examination of genital organs, state of hymen offers the most reliable
clue. While examining the hymen, certain anatomical characteristics
should be remembered before assigning any significance to the
findings. The shape and the texture of the hymen is variable. This
variation, sometimes permits penetration without injury. This is
possible because of the peculiar shape of the orifice or increased
elasticity. On the other hand, sometimes the hymen may be more firm,
less elastic and gets stretched, and lacerated earlier. Thus a relatively
less forceful penetration may not give rise to injuries ordinarily possible
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with a forceful attempt. The anatomical feature with regard to hymen

which merits consideration is its anatomical situation. Next to hymen in
positive importance, but more than that in frequency, are the injuries
on labia majora. These, viz, labia majora are the first to be encountered
by the male organ. They are subjected to blunt forceful blows,
depending on the vigour and force used by the accused and
counteracted by the victim. Further, examination of the famales for
marks of injuries elsewhere on the body form a very important piece of
evidence. To constitute the offence of rape, it is not necessary that
there should be complete penetration of the penis with emission of
semen and rupture of hymen. Partial penetration within the labia
majora of the vulva or pudendum with or without emission of semen or
even an attempt at penetration is sufficient to constitute the offence of
rape as defined in the law. The depth of penetration is immaterial in an
offence punishable under section 376, IPC.

10. Considered in the aforesaid legal setting, it has to be seen that

the acts complained of constitute rape. It is stated that the evidence of
the prosecutrix is unreliable, and should be discarded in the absence of
any corroboration. In the Indian setting, refusal to act on the testimony
of a victim of sexual attack in the absence of corroboration as a rule is
adding insult to the injury. Why should the evidence of a girl or the
woman who complains of rape or sexual molestation be viewed with the
aid of spectacles fitted with lenses tinted with doubt, disbelief or
suspicion? The victim of rape cannot be treated as an accomplice.
Absence of injuries on the person of the victim may not be fatal to the
prosecution and corroborative evidence may not be an imperative
component of judicial credence in rape cases. Corroboration as a
condition for judicial reliance on the testimony of a prosecutrix is not a
matter of law, but a guidance of prudence under given circumstances.
Indeed from place to place, from age to age, from varying life-styles
and behavioural complexes, inferences from a given set of facts, oral
and circumstantial, may have to be drawn not with dead uniformity but
realisstic diversity, lest rigidity in the shape of rule of law in this area
be introduced through a new type of precedential tyrrany. The same
observation holds good regarding the presence or absence of the
injuries on the person of the aggressor or aggressed. In rape cases, tile
Court must bear in mind, the human psychology and behavioural
probability when assessing the testimonial potency of the victim's
version. That girl would foist a rape charge on a stranger unless a
remarkable set of facts of clearest motives were made out? The
inherent bashfulness, the innocent naivete and the faminine tendency
to conceal the outrage of masculies sexual aggrassion are factors which
are relevant to improbabilise the hypothesis of false implications.
11. In the case at hand apart from the eveidence of the prosecutrix,
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there is evidence of. several persons who on reaching the spot had
found the accused persons near the prosecutrix, and one of them
naked. Absence of injuries is not of such consequence as the evidence
of prosecutrix, is credible, and evidence of PWs 5, 6 and 10 further
strengthens the credibility. Accused persons have accepted their
presence at the spot. The occurrence

Page: 1566

is alleged to have been taken place on 29-5-1992 at about 3.30 p.m..

The examination of accused took place on 30.5.1992 at about 1.45 p.m.
Absence of smegma loses its significance because of passage of
considerable time. The medical evidence is not of such nature, as
analysed out as to completely rule out rape as claimed by the victim.

12. A prosecutrix of a sex offence cannot be put on par with an

accomplice. She is in fact a victim of the crime. The Evidence Act
nowhere says that her evidence cannot be accepted unless it is
corroborated in material particulars. She is undoubtedly a competent
witness under section 118 of the Evidence Act and her evidence must
receive the same weight as is attached to an injured in cases of
physical violance. The same degree of care and caution must attach in
the evaluation of her evidence as in the case of an injured complainant
or witness and no more. What is necessary is that the Court must be
alive to and conscious of the fact that it is dealing with the evidence of
person who is interested in the customs of the charge levelled by her. If
the Court keeps this in mind and feels satisfied that it can act on the
evidence of the prosecutrix, there is no rule of law or practice
incorporated in the Evidence Act similar to illustration (b) to section
114 which requires it to look for corroboration. If for some reason the
Court is hesitant to place implicit raliance on the testimony of the
prosecutrix it may look for evidence which may lend assurance to her
testimony short of corroboration required in the case of an accomplice.
The nature of evidence required to lend assurance to the testimony of
the prosecutrix must necessarily depend on the facts and
circumstances of each case. But if a prosecutrix is an adult and of full
understanding the Court is entitled to bear a conviction on her
evidence, unless the same is shown to be infirm and not trustworthy. If
the totality of the circumstances appearing on the record of the case
disclose that the prosecutrix does not have a strong motive to falsely
involve the person charged, the Court should ordinarily have no
hasitation in accepting her evidence. Therefore, ordinarily the evidence
of a prosecutrix who does not lack understanding must be accepted.
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The degree of proof required must be higher than is expected of an

injured witness. To insist on corroboration except in the rarest of rare
cases is to equate a woman who is a victim of the luust of another with
an accomplice to a crime and thereby insult womanhood. It would be
adding insult to injury to tell a woman that her story of woe will not be
believed unless it is corroborated in material particulars as in the case
of an accomplice to a crime. Ours is a conservative society where it
concerns sexual behaviour. Our standard of dacency and morality in
public life is not the same as elsewhere.
13. The question is whether in view of the absolutely unshaken
testimony of the prosecutrix which has been re-inforced by the
evidence of villagers who reached the spot immediately medical
evidence to the effect that there is no sign of recent intercourse would
attach to the vulnerability to the evidence of the prosecutrix and others.
In State of U.P. v. Krishna Gopal: (1988) 4 SCC 302 : AIR 1988 SC
2154 : (1989 Cri LJ 288) it was observed that where the eye-witnesses'
account is found credible and trustworthy, medical opinion pointing to
alternative possibilities is not accepted as conclusive. Witnesses are the
eye and ears of justice. Hence the importance and primacy of the
quality of the trial process. Eyewitnesses' account would require a
careful independent assessment and evaluation for their credibility
which should not be adversely prejudged saking any other evidence,
including medical evidence, as the sole touch-stone for the test of such
credibility. The evidence must be treated for its inherent consistency
and the inherent probability of the story; consistency with the account
of other witnesses held to be creditworthy; consistency with the
undisputed facts; the ‘credit’ of the witnesses; their performance in the
witnesss box, their power of observation etc. Then the probative value
of such evidence becomes eligible to be put into the scales for a
cumulative evaluation.
14. Rape is a crime and not a medical condition a legal term and not
a dignosis to be made by the medical officer. Whether rape has
occurred or not is legal conclusion, not a medical one. Medical opinion is
only one amongst many bits of corroborative evidence to be weighed in
deciding the case. Any conclusion on rape is not to be made by doctor
or police. It is for the Judge to decide. It is not necessary for any
rupture of the hymen in rape. The aligment penetration is sufficient for
the purpose.
15. Applying those requirements to the facts of the case the
inevitable conclusion is that evidence

Page: 1567
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of prosecutrix is acceptable and has been rightly acted upon by the

learned trial Judge. There is not even a remote suggestion that the
prosecutrix had any axe to grind against the accused persons. As
observed by the apex Court is Krishan Lal v. State of Haryana, (1980) 3
SCC 159 : AIR 1990 SC 1252 : (1980 Cri LJ 926) we must bear in mind
human psychology and behavioural probability when assessing the
testimonial potency of the victim's version. To forsake these vital
considerations and go by obsolescent demands for substantial
corroboration is to sacrifice commonsense in favour of certificial
concoction called judicial probability. Indeed the Court loses its
credibility if it rebels against realism. The law court is not an unnatural
world.

16. At this juncture it is relevant to refer to a decision of the apex

Court where an order of acquittal passsed by the Karantaka High Court
was not set aside by it in State of Karnataka v. Kahableshwar Gourve
Naik, 1992 Supp (3) SCC 179 : AIR 1992 SC 2041 : (1992 Cri LJ 3786)
In that case the medical officer had opined that the girl might have
been raped by vulval penetration if not by forceful penetration in which
case there would have been rupture of hymen. The following symptoms
were found by the doctor:
“Hymen was intact. No bleeding or dried blood mark was seen. No
discharge was seen. Fanchetta was intact ….There was no swelling.”
17. In the case at hand, during examination the doctor found that in
vagina menstrual blood was present as reflected in the injury report. It
shows that the victim girl was under menstruation period. In that view
of the matter, the possibility of absence of semen is there. The
possibility of absence of injury and presence of blood and semen in
such stage cannot be also lost sight of. Further, the absence of injury
on any other part of the body is of no significance. A young girl was
pitted against the three appellants. In such a case, there is hardly any
scope for resistance. Even otherwise, as observed by the apex Court in
Balwant Singh v. State of Punjab: (1987) 2 SCC 27 : AIR 1987 SC
1080 : (1987 Cri LJ 971) it cannot be said that whenever resistance is
offered there must be some injury On the body of the victim.
“Gang rape” is dealt with in clause (g) of sub-section (2) and
Explanation 1 to section 376, IPC. It is provided in the Explanation
that where a woman is raped by one or more in a group of persons
acting in furtherance of their common intention, each of the persons
is deemed to have committed gang-rape. The Explanation has been
introduced by the legislature with a view to effectively deal With the
growing menace of gang rape. In such circumstances, it is not
necessary that the prosecution should adduce clinching proof of a
completed act of rape by each one of the accused on the victim or on
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each one of the victims where are once then one in order to find the
accused guilty of gang rape. [See Promod Mehta v. The State of
Bihar: 1989 Supp (2) SCC 672 : AIR 1989 SC 1475 : (1989 Cri LJ
1479). The evidence on record in the case at hand establishes gang
rape. The accused persons have been rightly found guilty under
section 376, IPC.
18. Further question is whether the sentence of imprisonment for life
as awarded is proper. As observed by a Division Bench of this Court in
Ramroop Das v. State, (1993) 6 OCR 120 : (1993 Cri LJ 1000),
alternative punishments are provided for in respect of offences relatable
to any of the categories under sub-section (2) of Section 376, IPC.
Imprisonment for ten years is the normal rule, while that for life is the
exception. Award of life imprisonment is dependent on several factors.
There the act is brutal in character, leaving the victim ravished, in a
given case, it may be awarded. Provisio to sub-section (2) of Section
376, IPC enables the Court to award less than ten years' imprisonment
in special circumstances. The case at hand is a sad reflection of the
decadent society we live. Morals are sicking to alarmingly low depths.
There young persons, barely out of their teens have ventured into the
forbidden territory of pre-marital sex. They belong to a remote village in
Sundargarh district. Their realisation of the misdeed done by them,
which resulted in indelible ignomity to victim of their lust is apparent,
and their answers in the statements recorded under Section 313 of the
Code show traces of repentance. They have admitted their presence at
the spot. That they were in pursuit of their first taste of sex without any
violent intention is amply indicated in the statement of the prosecutrix.
She has seated that accused Jeet Sankar gave two to three strokes and
left her. Similar is the case with accused Fani. There is no evidence of
any preplan to commit the crime. On a chance meeting lust appears to
have overtaken their conscience. In our opinion, therefore, the proviso
to subsection (2)

Page: 1568

of Section 376, IPC can be pressed into service, and seven years'
rigorous imprisonment would be adequate.

19. Coming to the sustainability of conviction for the offence under

Section 3(1)(xii) of the Atrocities Act, a reference to the said provision
is necessary. The same so far as relevant reads as follows:
“3. Punishment for offences of atrocities.—
(1) Whoever, not being member of a Scheduled Caste or a
Scheduled Tribe,—
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(i) to (xi) xxx xxx xxx

(xii) be in a position to dominate the will of a woman belonging
to a Scheduled Caste or a Scheduled Tribe and uses that
position to exploit her sexually to which she would not have
otherwise agreed.”
20. The ingredients of the offence are that (i) the offender must be a
person who is not a member of Scheduled Caste or Scheduled Tribe, (ii)
he be in a position to dominate the will of a woman belonging to a
Scheduled Caste or a Scheduled Tribe; (iii) the said position was used
to exploit the woman sexually, to which she would not have otherwise
agreed. In the present case, the offenders are not shown to have
dominated the will of the victims girl. In order to attract application of
the provision sexual exploitation must have taken place because of the
offenders' position of dominance. The word ‘otherwise’ is significant,
and clearly points out that these exploitation was with agreement of the
helpless woman which she would not have agreed but for the offenders'
position of dominance. It is significant to note that the expression used
in Section 3(1)(xii) of the Atrocities Act are “agreed” and “exploit
sexually” and not “consent” and “rape”. “Consent” and “agreement” are
not conceptually and etymologically different. Use of the expression
“would not have otherwise agreed” is intended to convey that the
agreement would not have been there, but for the position of
dominance. It is not a free and voluntary consent. “Exploit” means to
make an illegitimate use of, to utilise for one's own ends, treat selfishly
as more workable material (person etc.), to make capital out of. To
have carnal knowledge of woman by use of position of dominance, is
sexual exploitation if the victim would not have agreed to the act, but
for the position.
21. In pursuance of the International convention and mandate of the
Constitution of India, the Parliament in 1956 enacted “Suppression of
Immoral Traffic in Koman and Girls Act.” This Act has been twice
amended in years 1976 and 1986. The amending Act of 1986 has
changed the title of the Act from “Suppression” to “Prevention”. In this,
the old definition of prostitution, vide Section 2(f) which meant “the act
of a female offering her body for promiscuous sexual intercourse for
hire” has now been changed to carry to meaning of “sexual exploitation
or abuse of persons for commercial purposes”. Promiscuous sexual
intercourse, the important ingredient of prostitution stands replaced by
the twin requirement of the exploitation of abuse of the person and
secondly the abuse of exploitation should be for commercial purposes.
The expression “sexual exploitation” would include sexual intercourse
without consent which forms basis for conviction for rape.
22. There is no material to show that the victim agreed to sexual
exploitation, and/or the offenders had any position of dominance.
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Therefore, the conviction under Section 3(1)(xii) of the Atrocities Act is

not maintainable.
23. In the ultimate analysis, conviction under Section 376(2) read
with Section 34, IPC is maintained, but the sentence is reduced to
seven years', rigorous imprisonment. The conviction under Section 3(1)
(xii) of the Atrocities Act, and consequential sentence imposed are set
aside. The appeals are allowed in part.
D.M. PATNAK, J.:— I agree.
24. Appeal partly allowed.
———
*
Against order of P.N. Patnaik, Sessions Judge, Sundarearh, D/- 10-5-1993.

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