CUTTACK, India, May 19 -- Orissa High Court issued the following order on April 17:
1. The Appellant, in CRLA, assails the judgment of conviction and order of sentence dated 25.03.2025, passed by the learned Ad hoc Additional Sessions Judge, First Track Special Court (POCSO), Bhubaneswar in T.R. Case No.219 of 2019, whereby he was convicted and sentenced to undergo Rigorous Imprisonment (RI) for twenty years and to pay a fine of Rs.5,000/- in default to undergo R.I. For a further period of three months for commission of offence punishable under Section 376(1) of the I.P.C.
I. CASE OF THE PROSECUTION:
2. The prosecution alleges that on the night of May 25, 2019, the appellant who is a local tenant, kidnapped the informant's 14 yearold daughter and subjected her to sexual assault. The victim, being a student of Class VIII, was found unconscious near the appellant's rented premises at 12:10 A.M., less than an hour after her disappearance. Her family immediately transported her to Capital Hospital in Bhubaneswar for treatment. On receipt of the F.I.R. on 26.05.2019 at 09.45 A.M. the IIC of Chandresekharpur Police Station registered P.S. Case No.202 of 2019 under Section 376(2)(i) of the I.P.C. read with section 6 of the POCSO Act and directed the S.I. of Police to take up investigation of the case. 3. During the course of investigation, the I.O. examined the informant and the victim, visited the spot, issued requisition of Scientific Officer, who visited the spot and collected material evidence therefrom, examined other witnesses, received the spot visit report from Scientific Officer, seized one printed blanket being identified by the victim and prepared the seizure list in presence of the Scientific Officer, sent the victim for her medical examination, seized her wearing apparels and biological samples after her return to the P.S. on completion of her medical examination, produced the victim before the learned Magistrate and got her statement recorded under Section 164 of the Cr.P.C. and received copy of the same, conducted raid and apprehended the accused on 28.05.2019 at 08.50 A.M. The I.O. also seized the vehicle bearing registration No.ODO2BA 6734 along with documents on production by the accused, sent him for his medical examination, seized his wearing apparels and biological samples and forwarded him to court. The I.O. further seized the School Admission Register of the victim on production by the Headmaster, Sitanath High School, Sailashree Vihar, Chandrasekharpur, received the medical edamination report of the victim, made requisition to the Director, SFSL, Rasulgarh, Bhubaneswar, who provided her two FTA Cards for DNA profiling, took steps for collection of blood sample of the accused and on her request, the doctor of Special Jail, Bhubaneswar collected his blood sample through FTA Cards The I.O. made requisition to the Tahasildar for identification of the spot, also made requisition to the Nodal Officer to provide customer ID and CAF of mobile numbers of the accused and the victim, sent the seized exhibits to the SFSL, Bhubaneswar through Court. The I.O. examined other witnesses by visiting the spot, seized one mobile phone on production by one Satya Narayan Sahoo, brother of the accused, and released the same in his zima, received the CDR and CAF along with the certificate, seized one mobine phone on production by one Rohit Nayak and released the same in his zima, received a letter from the Revenue Inspector, Kalarahanga regarding identification of the spot, also received the medical examination report of the accused from Dr. P.K. Rath and conducted other formalities of investigation.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xyzKpsmFi9UA26Hq16oHpLmft11uJCjNJOJS3mD%2FcQG0&caseno=CRLA/751/2025&cCode=1&cino=ODHC010366802025&state_code=11&appFlag=)
Disclaimer: Curated by HT Syndication.
