CUTTACK, India, May 19 -- Orissa High Court issued the following order on April 17:
1. Heard P.K. Nayak, learned counsel for the Appellant and Mr. S.P. Das, learned Addl. Standing Counsel for the State.
2. The present appeal has been filed by the appellant challenging judgment dated 18.12.2017, so passed by the learned 1st Addl. Sessions Judge-cum-Special Court (POCSO Act), Bolangir in Special G.R. Case No.11 of 2015 arising out of Bangomunda P.S. Case No.29 of 2015. Vide the said judgment, the appellant was convicted and sentenced to undergo R.I. for 10 years and a fine of Rs.1000/- in default R.I. for a period of 1 (one) year for the offence U/s.376(2)(n) of the IPC and Section-6 of the POCSO Act. The appellant was also convicted and sentenced to undergo R.I. for a period of 5 (five) years and to pay a fine of Rs.5000/- and in default R.I. for 6 (six) months for the offence U/s.313 of the IPC. It is however directed that both the sentences are to run concurrently and the period undergone as under trial prisoner be set up in terms of the provisions contained under Section 428 of the Code of Criminal Procedure.
3. The prosecution story as narrated in the FIR reads as follows:-
"The prosecution case, in short, is that, prior to one year of lodging the FIR by the minor victim (PW 1) the accused proposed her as a result of which they developed love relationship and thereafter the accused kept physical relationship repeatedly with the victim against her will, during the said period. To victim's protest to such physical relationship, the accused assured her to marry. Due to such physical relationship, the victim got pregnant and informed the accused, who again assured her to marry. After five months of pregnancy the accused gave some medicines saying that the said medicines are for better growth of the child in the womb. Believing the accused, the victim took the medicines. It is further alleged that on last Saturday (14.03.2015) from the date of lodging F.I.R. (17.03.2015) victim had gone to attend call of nature at 10 pm to the field, where she suffered miscarriage of her child and got unconscious at the spot. About 4 am she regained her sense and found the child dead. Thereafter she returned home. The next day when she went to the spot to look for the dead child, the body was missing and the matter spread in the village. Yesterday (16.03.2015) a village meeting was held, where the victim narrated the entire fact. In village meeting the accused admitted his relationship with the victim but refused to marry her and threatened her to kill if she attempts to marry her. On the date of lodging FIR (17.03.2015) again a village meeting was held in the morning at 10 am, in which the accused did not participate and thereafter another village meeting was held on the same day at 3 pm, where the accused came and offered Rs.18000/- to the victim to remain silent. When the victim refused to accept the same, he threatened to kill her. Out of fear, the victim lodged a written report at Bangomunda P.S. around 8 pm on 17.03.2015
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrBEIZFxKf9cfTHEasBfknVoECsY63g3GJSipq45kRhpI&caseno=CRLA/65/2018&cCode=1&cino=ODHC010144042018&state_code=11&appFlag=)
Disclaimer: Curated by HT Syndication.
