JUGAL KISHORE PARICHHA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Jugal Kishore Parichha faced trial in the Court of the learned Sessions Judge -cum- Special Judge, Kandhamal, Phulbani in G.R. Case No.28 of 2014 for commission of offences punishable under Sec. 342, 376(2)(f)/511 and 506 of the Indian Penal Code read with Sec. 6/18 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act ') and the learned trial Court vide impugned judgment and order dtd. 15/9/2016 though acquitted the appellant of the charges under Sec. 342 and 506 of the Indian Penal Code, however found him guilty under Sec. 376(2)(f)/511 of the Indian Penal Code and Sec. 6/18 of the POCSO Act and sentenced him to undergo R.I. for ten years on each count under Sec. 376(2)(f)/511 of the Indian Penal Code and Sec. 6/18 of the POCSO Act and the substantive sentences were directed to run concurrently.

(2.) The prosecution case, in short, as per the first information report lodged by Babita Nayak (P.W.2), the mother of the victim is that when she had been to her father 's place at Nandagiri since seven days prior to the lodging of F.I.R. and staying there, the victim was staying with her father (appellant) at her paternal place in village Raikia. On 24/4/2014 in the evening hours at about 7.00 p.m., the victim telephoned her and requested her to take her back and she was not willing to stay in her house with the appellant. The informant brought the victim with her to her paternal place at Nandagiri on 25/4/2014, where the victim disclosed before her that the appellant took her inside one room in the backside of the house, locked the door and he himself became naked, pushed the victim on the floor and when the victim shouted, the appellant gagged her mouth by means of a cloth for which she could not shout. The appellant also threatened her with dire consequence and torn the clothes of the victim. The victim gave pushes to the appellant and fled away from that room. The informant changed the clothes of the victim. On the basis of such first information report before the Inspector in-charge of Raikia police station, Raikia P.S. Case No.26 dtd. 27/4/2014 was registered under Sec. 342, 354, 506 of the Indian Penal Code and the Inspector in-charge of Raikia police station directed A.S.I. Laxman Mallick (P.W.5) to take up investigation. During course of investigation, P.W.5 examined the informant and other witnesses including the victim, visited the spot, prepared the spot map (Ext.4), seized the wearing apparels of the victim on production of P.W.2 as per seizure list Ext.3, arrested the appellant on 27/4/2014 and forwarded him to Court on 28/4/2014. The Investigating Officer also issued requisition to the Headmistress of ST Catherin Girls High School in order to cause production of the age proof certificate of the victim. Accordingly, the Headmistress furnished the information by way of a letter marked as Ext.5. Subsequently, the Investigating Officer made a prayer to the Special Court to add offence under sec. 8 of the POCSO Act. The statement of the victim was recorded under sec. 164 Cr.P.C. Another prayer was made to the Special Court to add offences under Sec. 376/511 of the Indian Penal Code and then P.W.5 handed over the charge of investigation to the Inspector in-charge Birala Chandra Sahis (P.W.4) on 20/7/2014 who examined two witnesses and on completion of investigation, submitted charge sheet against the appellant under Sec. 376/511/506 of the Indian Penal Code read with sec. 8 of the POCSO Act.

(3.) During course of trial, in order to prove its case, the prosecution has examined as many as six witnesses. P.W.1 is the victim, P.W.2 Babita Nayak is the informant, who is also the mother of the victim, P.W.3 Mayajini Pradhan was the Home Guard of Raikia police station, who accompanied the Investigating Officer near the house of P.W.2 where seizure of the wearing apparels of the victim was made on production by P.W.2 as per seizure list Ext.3, P.W.4 Birala Chandra Sahis and P.W.5 Laxman Mallick are the two Investigating Officers and P.W.6 Smt. Gitarani Samantaray is the Headmistress of ST Catherin Girls High School, who on the written requisition of the Investigating Officer produced a letter relating to the date of birth of the victim based on the entry made in the school admission register and she also proved the admission register of the victim showing her date of birth as 21/7/2002. The prosecution exhibited ten documents. Ext.1 is the 164 Cr.P.C. statement of the victim (P.W.1), Ext.2 is the F.I.R., Ext.3 is the seizure list in respect of seizure of tore shirt of P.W.1, Ext.4 is the spot map, Ext.5 is the letter of Headmaster, ST. Catherine 's Girls ' High School, Raikia, Ext.6 is the prayer of P.W.5 to add offence under sec. 8 of the POCSO Act, Ext.7 is the prayer of P.W.5 to record the statement of victim, Ext.8 is the prayer of P.W.5 to add offences under Sec. 376/511 of the Indian Penal Code, Ext.9 is the requisition to the school of the victim to furnish her date of birth and Ext.10 is the admission register of ST. Catherine 's Girls ' High School, Raikia.