SISTER MEENA LALITA BORWA Vs. STATE OF ORISSA

JUDGEMENT

(1.) These transfer applications under Section 407 read with Section 482 of the Code of Criminal Procedure have been filed by Sister Meena Lalita Borwa (Petitioner in TRPCRL No. 15 of 2009) and Thomas Chellan and others (Petitioners in TRPCRL No. 17 of 2009) seeking transfer of Sessions Trial No. 1 of 2009, arising out of Balliguda PS. Case No. 70 of 2008, corresponding to CID CB Case No. 39 of 2008 and G. R. Case No. 188 of 2008 of the Court of learned S.D.J.M., Balliguda, pending trial in the Court of learned Additional Sessions Judge, Fast Track Court-1, at Phulbani to Cuttack. Whereas Sister Meena Lalita Borwa (Petitioner in TRPCRL 15 of 2009) is the victim/informant and Thomas Chellan and two others (Petitioners in TRPCRL No. 17 of 2009) are witnesses in the aforementioned G. R. Case for the alleged commission of offence under Sectons 147, 148, 324, 354, 355, 294, 506, 376(2)(g) read with Section 149 of the Indian Penal Code.

(2.) Mrs. J. Choudhury, learned Senior Advocate, appearing for the petitioner-Sister Meena Lalita Borwa submitted that, while the petitioner was working as a nun in the Catholic Church at Kandhamal, she became a victim of a ghastly rape and sexual assault, which is the subject-matter for trial.

(3.) Ms. Choudhury submitted that the petitioners were still being threatened not to go to Balliguda or to participate in the trial and the witnesses were also threatened with dire consequences and hence are scared to attend the trial in Phulbani. She has alleged that the situation in Phulbani continues to be tense and the friends and relatives of the accused being residents of Phulbani, the petitioners apprehend danger to their lives and also the possibility of hampering a free and fair trial. Ms. Choudhury submitted that the situation in Kandhamal continues to be communally volatile and has cited various instances where witnesses have either turned hostile and/or have approached the trial Court seeking protection. In the light of the aforesaid facts, learned Counsel for the petitioners submitted that this Court is empowered under Section 407, Cr. P.C. to transfer the trial if there is any apprehension of an impartial or fair trial and also keeping in view the convenience of the parties and witnesses.