LILU Vs. STATE OF ODISHA

JUDGEMENT

(1.) After a few days, we will be celebrating 75th Independence Day with usual pride to mark our freedom from two hundred years of British rule. The father of nation Mohandas Karamchand Gandhi, who led Indian independence movement with great sons of soil like Jawaharlal Nehru, Sardar Vallabhbhai Patel, Bhagat Singh, Chandra Sekhar Azad, Subhas Chandra Bose and many more has once said, "India will be free when the women feel safe to walk in the streets of India in the midnight". In spite of socio-economic development all corners, Bapuji"s dreams is still falling short of reality because the human race, which he loved so much, could not rise to the standard he set. The case at hand depicts the bitter experience of an innocent teen aged helpless victim girl while returning from school in the broad day light on the public road, when the vulture like appellant committed the most ghastliest crime known under the sky on her in presence of her minor sister.

(2.) The prosecution case, as per the F.I.R. lodged by one Kanakalata Barik (P.W.2), who is the aunt of the victim is that on 24/11/2016 at about 12.00 noon, when the victim, who was a student of Class-VII was returning home from the school in her bicycle along with her younger sister Kumari Sasmita Barik (P.W.5), aged about ten years, on the way the appellant wrongfully restrained the victim near a tank of village Renupada and dragged her to a nearby field and made her lie on the ground and committed rape on her. When the younger sister of the victim shouted, the co-villagers arrived at the scene of the occurrence for which the appellant left the place. The victim returned home crying and told about the occurrence before the informant. The father of the victim was staying in Coimbatore and engaged in some occupation to maintain his family and since the victim fell ill after the incident, it was not possible on the part of the informant to come to the police station to report the matter immediately. It is the further stated in the F.I.R. that the appellant is an unsocial and rowdy person and he is indulged in various criminal activities.

(3.) Mr. Krushna Chandra Palei (P.W.2), who was the Inspector in-charge of Basta police station after registering the case, took up investigation. During course of investigation, he examined the informant and other witnesses including the victim, seized the wearing apparels of the victim under seizure list Ext.4. The victim was sent for medical examination to C.H.C., Basta where P.W.1 Dr. Manikratan Pradhan examined her and submitted the medical examination report (Ext.1). The I.O. visited the spot and prepared the spot map (Ext.13), examined the scribe of the F.I.R. and made prayer before the learned Magistrate to record the 164 Cr.P.C. statement of the victim. On 28/11/2016, the Investigating Officer (P.W.12) arrested the appellant and seized his wearing apparels under seizure list Ext.5 and he also sent the appellant for medical examination to C.H.C., Basta where Dr. Arun Kumar Bhuyan (P.W.9), Medical Officer of C.H.C., Basta examined him and submitted the medical examination report (Ext.9). The appellant was forwarded to Court on the very day i.e. 28/11/2016. On 15/12/2016 P.W.12 handed over the charge of investigation to his successor P.W.13 Dheneswar Sahu, who re-examined the witnesses, seized the biological samples of the victim so also of the appellant and made a prayer to the Court to send the exhibits to R.F.S.L., Balasore. He also seized the school admission register where the victim was prosecuting her studies under seizure list Ext.6 and left the same in zima of the Headmaster under zimanama Ext.7. He made a query to the doctor regarding opinion about the injury sustained by the victim and received the report under Ext.18 and on completion of investigation, charge sheet was submitted on 15/3/2017 under Sec. 341/376(2)(i) of the Indian Penal Code and sec. 4 of the POCSO Act.