CUTTACK, India, Feb. 10 -- Orissa High Court issued the following order on Jan. 9:

1. The present Appeal has been filed by the Appellants challenging the impugned judgment dt.21.01.2020 so passed by the learned Addl. Sessions Judge & Special Judge, Phulbani, in C.T.Case No.194 of 2016, arising out of Balliguda P.S. Case No.187 dt.24.12.2016. Vide the impugned judgment, present Appellants have been convicted for the offence under Section 363,366A,376(2)(i),376D/323/34 of the I.P.C r/w Section 6 of the POCSO Act and Section 3(2)(v) of the S.C & S.T (P.A) Act

2. The Appellants have been convicted to undergo R.I for a period of 2 years and fine of Rs.2,000/-, in default, R.I for 4 months for the offence under Section 363 I.P.C, S.I for 5 years and to pay a fine of Rs.15,000/-, in default S.I for 5 months for the offence under Section 366A of the I.P.C, R.I for 20 years with fine of Rs.25,000/- and in default, R.I for 6 months for the offence under Section 376D of IPC, R.I for 10 years with fine of Rs.15,000/- and in default R.I for 5 months under Section 6 of the POCSO Act and R.I for one year for the offence under Section 323 of the Indian Penal Code. However, learned Trial Court directed all the sentences to run concurrently.

3. Learned Counsel appearing from the Appellants contended that basing on the F.I.R lodged by the mother of the victim-P.W.5 on 24.12.2016, Baliguda P.S. Case No.187 dt.24.12.2016 was registered against the present appellants and another for the offence under Section 363,366(A), 376(2) (i), 376D, 323/34 of the I.P.C and Section 6 of the POCSO Act along with Section 3(2) (v) of the S.C. & S.T (P.A) Act. After submission of the charge-sheet for the aforesaid offences, the appellants along with the other coaccused faced the trial for the offence under Section 363,366(A),376(2)(i),376D,323/34 of the I.P.C and Section 6 of the POCSO Act along with Section 3(2) (v) of the S.C. & S.T (P.A) Act.

3.2. The prosecution story as narrated in the F.I.R is that on 24.12.2016, the informant reported before the IIC, Balliguda P.S that, on 22.12.2016 evening hour while the victim moving near her house verandah the accused persons came in a Motor Cycle and took her in a Car to nearby Bhagamunda and committed rape on her. Thereafter left her there in senseless condition. When she regained her sense, she called nearby people and the nearby people took her to Balliguda hospital.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1dwh5vO3pc0%2FbqUt7dsKkcOgjCS5TiqzLnD1ZXXtHZD95&caseno=CRLA/219/2020&cCode=1&cino=ODHC010203652020&state_code=11&appFlag=)

Disclaimer: Curated by HT Syndication.