CUTTACK, India, Feb. 10 -- Orissa High Court issued the following order on Jan. 9:
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard Mr. S.K. Padhi, learned counsel for the appellant and Mr. A.K. Pati, learned Addl. Standing Counsel for the State.
3. The present Appeal has been filed inter alia challenging the judgment dated 12.04.2019, so passed by the learned Addl. District Juge-cumSpecial Judge (POCSO), Angul in Special (POCSO) Case No.115 of 2016. Vide the impugned judgment, the appellant was held guilty for the offence U/s.376(2)(i) of the Indian Penal Code and U/s.6 of the POCSO Act. Accordingly, the appellant was convicted to undergo R.I. for 10 years and to pay a fine of Rs.10,000/- and in default further R.I. for 1 (one) year for the offence U/s.376(2)(i) of the Indian Penal Code and U/s.6 of the POCSO Act.
4. It is the case of the appellant that basing on the FIR lodged by the informant-P.W.2 on 20.11.2016, Pallahara P.S. Case No.64 of 2016 was registered for the offence U/s.376(2)(i) of the Indian Penal Code read with Section 6 of the POCSO Act and Section 3(1)(w)/3(2)(v) of the SC & ST (P.A) Amendment Act, 2015. After being charge-sheeted for the aforesaid offences, charge was also framed against the appellant for the offence under Section-376(2)(i) of the Indian Penal Code read with Section 6 of the POCSO Act and Section 3(1)(w)/3(2)(v) of the SC & ST (PA) Amendment Act, 2015 and appellant faced the trial in Special POCSO Case No.115 of 2016.
4.1. It is contended that on being so implicated, petitioner was arrested and remanded to custody on 20.11.2016 itself and since 20.11.2016 petitioner is continuing in custody as on date. The prosecution story as has been stated in the FIR reads as follows:-
"That on 20.11.2016 at about 9.15 P.M the informant Ajaya Bahera, aged about 35 years, son of Dileswar Behera of village-Batisuan, P.S- Pallahara, District- Angul presented a written report before the I.I.C, Pallahara P.S alleging to the effect that on 20.11.2016 at about 5.00 P.M in the evening while his daughter had gone near the guava tree of Ramesh Pradhan, he and his wife were carrying the paddy bundles on the back side bari of one Pradhan of his village. At that time his daughter came near his wife and told that Ramesh Pradhan raped her by giving two guavas. Thereafter his wife immediately told the matter to him. As four bundles of paddy were left, he carried the same and went to his nephew Babu and telephoned to his brother in-law from the phone of Babu. After receiving phone call his brother in-law Guru Behera, nephew Bultu Behera and Prasanta Behera arrived and all of them went to the P.S and reported the matter.".
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WqUqn%2FiuBbzgXMSUDAYU%2FnPFMsBgyjSpr1y4W1iWZzWH&caseno=CRLA/336/2019&cCode=1&cino=ODHC010265502019&state_code=11&appFlag=)
Disclaimer: Curated by HT Syndication.
