NATABAR PRADHAN Vs. STATE

JUDGEMENT

(1.) THE Petitioner is being prosecuted for an offence under Section 376, Indian Penal Code and the matter is still in the commitment stage.

(2.) THE prosecution has alleged that on the night of 15 -8 -1968 the Petitioner committed rape on the victim at Netaji Hotel, Parlakemidi. The victim was an employee of the Nabajiban Mandal at the relevant time. First Information Report was lodged on 134 -1969 about eight months after the occurrence at R. Udayagiri Police Station. The charge -sheet was submitted on 13 -6 -1970 when cognizance was taken. In the committing Court two of the prosecution witnesses were examined on 31 -8 -1970 and the third witness was examined on 14 -9 -1970 while the fourth one was examined on 21 -10 -1970. The victim (p.w. 1) admitted in her deposition that during the period of her service she was submitting a monthly tour diary to the Angul Office. That diary disclosed the places of her visit with reference to the period of stay. She asserted that she claimed her traveling expenses for having visited Parlakemidi on 15 -8 -1968 and this was asked for in the claim of T.A. for September, 1668.

(3.) THE object of the committal proceeding is mainly two fold: