RABI MUNDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Rabi Munda faced trial in the Court of learned Additional Sessions Judge -cum- Special Judge, Keonjhar in Special Case No.185/61 of 2016-14 for commission of offences punishable under sec. 376(2)(i) of the Indian Penal Code and sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereafter referred to as 'POCSO Act') on the accusation that he committed rape on the victim, a girl aged about twelve years on 2/8/2014 at about 12 noon in Chiragunidhoda forest at village Uchumadihi under Nayakote police station in the district of Keonjhar.

(2.) The prosecution case, as per the first information report lodged by the father of the victim, namely, Shyama Sundar Majhi (P.W.6), in short, is that on 2/8/2014 at about 12 noon, while the victim (P.W.4), who was a minor girl aged about twelve years had been to nearby Chiragunidhoda forest for grazing goats and she was grazing goats, at that time, the appellant suddenly came near the victim finding her alone, made her lie on the ground, torn her frock and undergarments and forcibly committed rape on her. The victim (P.W.4) raised hullah and on hearing her hullah, when one Sabita Barik (P.W.2) and others who were working in the nearby cultivable fields rushed to the spot, on seeing them, the appellant fled away. The victim was feeling pain on her private parts.

(3.) P.W.10 Rashmi Ranjan Dash, who was the Sub- Inspector of police of Nayakote police station and also in-charge of I.I.C. in his absence, on receipt of the written report from P.W.6, registered the same as F.I.R. (Ext.1) in Nayakote P.S. Case No.34 dtd. 3/8/2014 under sec. 376 of the Indian Penal Code and sec. 4 of the POCSO Act against the appellant. He took up investigation of the case and during course of investigation, he examined the informant (P.W.6), the victim (P.W.4) and others. He proceeded to the spot and prepared the spot map (Ext.7). The victim was sent to District Headquarters Hospital, Keonjhar for medical examination along with her wearing apparels for examination. On 4/8/2014, he seized the wearing apparels of the victim and prepared the seizure list vide Ext.8. On the same day, he made prayer for recording of statement of the victim under sec. 164 Cr.P.C. and accordingly, the same was recorded by the Magistrate on 5/8/2014. The appellant was arrested on 4/8/2014 and on the next day i.e. on 5/8/2014, he was sent for medical examination to C.H.C., Banspal and then forwarded to the Court on the same day. On 8/8/2014, the I.O. (P.W.10) received the medical examination report of the appellant and on 13/8/2014 he received the medical examination report of the victim. He seized three numbers of sealed vials containing biological sample of the appellant, wearing apparels of the appellant and the command certificate as per seizure list vide Ext.9. The Investigating Officer visited the school where the victim had taken her admission in Standard-I and seized the school admission register from the Headmaster as per seizure list vide Ext.11, which reflected the date of birth of the victim to be 15/4/2005. The school admission register was handed over to the Headmaster of the school on executing zimanama vide Ext.3. The Investigating Officer sent the material objects to the Director, State Forensic Science Laboratory, Rasulgarh, Bhubaneswar for chemical examination through Court. On 2/9/2014, as per the order of his superior, P.W.10 handed over the charge of investigation of the case to Mr. B.K. Bihari (P.W.8), Inspector in-charge of Nayakote police station, who re- examined the victim, her parents and other witnesses. On 29/9/2014, on completion of investigation, P.W.10 submitted charge sheet against the appellant under sec. 376(2)(i) of the Indian Penal Code read with sec. 4 of the POCSO Act.