CUTTACK, India, May 19 -- Orissa High Court issued the following order on April 17:

1. The appellant is challenging the legality of the judgment dated 10.01.2024 passed by the learned Adhoc Additional District and Sessions Judge (FTSC) under the POCSO Act, Berhampur, in T.R. Case No. 58 of 2021 (FTSC), arising out of Ganjam P.S. Case No. 29 of 2015 corresponding to G.R. Case No. 66 of 2015, whereby the appellant was convicted for the offence punishable under Section 376(2)(n) of the IPC and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 30,000/-, in default to undergo rigorous imprisonment for three months. I.

FACTUAL MATRIX:

2. The prosecution case, in brief, is that on 07.06.2015 at about 2:00 P.M., the informant lodged an FIR at Ganjam Police Station alleging, inter alia, that her daughter (the victim) had been studying in Malada High School about two and a half years prior to the lodging of the FIR. During that period, one day in the afternoon, while the victim was returning home from school near Kharakhai Hill, the accused forcibly dragged her to a nearby cashew grove, threatened her by showing a knife, undressed her, and committed rape upon her without her consent. It is further alleged that the accused took nude photographs of the victim and threatened to make them viral if she disclosed the incident, which would adversely affect her marriage prospects as well as those of her sister, and thereafter fled from the spot. Frightened by social stigma, the victim remained silent about the incident. Taking advantage of her silence and continuing to threaten to make the photographs viral, the accused is alleged to have repeatedly committed rape upon her on several occasions.

3. It is further alleged in the FIR that on 26.03.2015 at about 4:00 P.M., while the victim was returning home from a tailoring shop, the accused, who had concealed himself near the hill, suddenly appeared and forcibly took her to a nearby cashew grove, where he undressed her and committed rape upon her. On her raising alarm, nearby persons rushed to the spot, apprehended the accused along with the victim, and brought them to the village.

4. A village meeting was thereafter convened. When the parents of the victim requested the village elders to report the matter to the police, the accused and his parents agreed to a proposal of marriage between the accused and the victim. However, about one month later, the accused declined to marry the victim unless his demand of Rs.1,50,000/- was fulfilled.

5. It is further alleged that, in the meantime, the accused humiliated the informant and her family members by showing the nude photographs of the victim to others and also threatened that if any action was taken against him, he would kidnap and rape the victim's younger sister. On being approached, the village elders expressed their inability to intervene in the matter. Finding no other alternative, the informant approached the police station and lodged the written report.

6. On the basis of the said written report, Ganjam Police Station registered P.S. Case No. 29 of 2015 for the offences punishable under Section 376(2)(n) of the IPC read with Section 6 of the POCSO Act and took up investigation. Upon completion of investigation, charge-sheet was submitted on 03.10.2015 for the aforesaid offences.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqF%2BYp7G6dIuCehjiz1pMd6ZGHARieHttITzC5pAIDSp7&caseno=CRLA/117/2024&cCode=1&cino=ODHC010105342024&state_code=11&appFlag=)

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