ORISSA HIGH COURT ISSUES ORDER ON PRODYAMN KUMAR SARANGI V/S STATE OF ODISHA

CUTTACK, India, April 18 -- Orissa High Court issued the following order on March 17:

1. The present Criminal Appeal is directed against the judgment and order dated 31.01.1994 passed by the learned Addl. Sessions Judge, Paralakhemundi in Sessions Case No.23 of 1993, whereby the appellant was convicted under Sections 451, 354 and 325 IPC (the charge under Section 307 IPC having been altered to Section 325 IPC), Section 27 of the Arms Act and Section 3(1)(xi) of the SC & ST (Prevention of Atrocities) Act. He was sentenced to 2 years R.I. under Section 451 IPC, 7 years R.I. under Section 325 IPC, and 7 years R.I. under Section 27 of the Arms Act. No separate sentence was given for Section 354 IPC. Additionally, he received 5 years R.I. and a fine of Rs. 2,000/- (with 6 months S.I. for default) under Section 3(1)(xii) of the SC & ST (POA) Act. He was acquitted of the charge under Section 376 IPC.

2. The present appeal has been pending since 1994. When the matter was called for hearing consistently, none appeared for the appellant. Therefore, on 10.02.2026, this Court requested Ms. Rakhi Mishra, learned counsel, who was present in Court to assist the Court as Amicus Curiae. She has readily accepted the same and after obtaining entire record, assisted the Court very effectively. This Court records appreciation for the meaningful assistance rendered by Ms. Mishra.

3. Heard Ms. Rakhi Mishra, learned Amicus Curiae for the appellant and Mr. Sobhan Panigrahi, learned Additional Standing Counsel for the State.

4. The prosecution case in brief is that on 18.11.1992 at about 6.00 P.M., a platoon of 3rd Battalion OSAP, including the present appellant, was proceeding towards Gangabada Anti-Naxalite Camp. On the way, near Benga Sahi village, the appellant allegedly entered the dwelling house of the informant (P.W.1), an Adivasi woman belonging to the Scheduled Tribe community. At that time, P.W.2 (Sebati), another tribal woman, was present with her. Their husbands were reportedly away from home.

5. According to the FIR version, the appellant enquired about the whereabouts of the husbands of P.W.1 and P.W.2. Upon learning that they were not present, he allegedly dragged P.W.1. When she raised alarm, the appellant fired from his service rifle, as a result of which she sustained a gunshot injury on her left arm near the elbow. Out of fear, she took shelter in a neighboring house. The matter was reported on the following day.

6. During investigation, an additional allegation emerged that after P.W.1 escaped, the appellant caught hold of P.W.2 and committed forcible rape upon her. On the basis of such allegations, charge-sheet was submitted for the alleged commission of offences under Sections 450/376/354/307 IPC, Section 27 of the Arms Act and Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=6vaENDbZjswTL8RRQWTSZRzjv1FneAO2Va1fSjF8gxbQHWU6gzBhRs4U%2BLWRJejM&caseno=CRA/72/1994&cCode=1&cino=ODHC010001941994&state_code=11&appFlag=)

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