TRINATH HARIJAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has filed the instant application under Sec. 439 of Cr.P.C seeking bail in connection with Borigumma P.S. Case No.144 of 2019 dtd. 7/10/2019 corresponding to T.R. Case No.10 of 2020 (G.R. Case No. 846 of 2019) pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Jeypore, Koraput. The petitioner herein is the accused in connection with alleged commission of offences punishable under Ss. 376(2)(n), 376(3) and 417 of I.P.C. read with Sec. 6 of the POCSO Act, 2012.

(2.) The case of the prosecution is that complainant (Nanda Harijan) has accused the petitioner of sexually assaulting the former's daughter. The victim is a 14 years-old minor girl studying in Standard-IX at Kasturba Gandhi Vidyalaya. When the petitioner was staying in the house of Purusottam Harijan, the victim was sexually assaulted by the petitioner several times by false assurance of marriage and by giving temptation of monetary offer. As a result of such misconduct, the victim girl impregnated by the petitioner. When she realised that her condition has become vulnerable and an assault on her honourable reputation, thereafter, the complainant decided to lodge an FIR before the IIC, Borigumma Police Station, in the district of Koraput on 7/10/2019 and submitted a written report regarding the same.

(3.) Heard Mr. Sibo Sankar Mishra, learned Counsel appearing for the petitioner, Mr. S. S. Kanungo, learned Additional Government Advocate for the State and Mr. A.P. Bose, learned counsel for the informant and perused the case records.