LAWS(ORI)-2002-5-46

SUDAM SAHU Vs. STATE OF ORISSA AND ANR.

Decided On May 17, 2002
Sudam Sahu Appellant
V/S
State of Orissa And Anr. Respondents

JUDGEMENT

(1.) THIS is a petition under Section 439(2) Code of Criminal Procedure wherein the petitioner has prayed for cancellation of bail granted in favour of Opp. party No. 2 by the learned Asst. Sessions Judge, Baliguda by his order dated 30.10.1998 passed in Crl. Misc. Case No. 70/98 arising out of G.R. Case No. 81/98 corresponding to Sarang garh P.S. Case No. 15/98.

(2.) THE facts of the case given rise to this petition are as follows:

(3.) IT is the case of the petitioner that the opposite party No. 2 is an influential person which is apparent from the fact that though the F.I.R. was lodged on 19.3.98 he was not arrested by the local police and he surrendered before the learned S.D.J.M. Baliguda on 30.10.1998 according to the direction given by this Court while refusing his prayer for anticipatory bail. It appears from the statement of the daughter of the petitioner, the victim girl, recorded under Section 161, Code of Criminal Procedure on 19.3.1998 that she has implicated Opp. party No. 2 with the alleged offence of rape. It also appears that the statement of the victim girl was recorded under Section 164, Code of Criminal Procedure and the victim girl also implicated the opposite party No. 2 in her said statement. It appears that the learned Asst. Sessions Judge instead of looking into the material for a prima facie case has given undue importance to certain discrepancies and the medical report though the girl was medically examined long after the alleged incident. The daughter of the petitioner was a student -of the school where the opposite party No. 2 was the Headmaster. It appears that, taking advantage of his position, the opposite party No. 2 sexually exploited the girl under threat to award lesser marks in the examination and to see that she fails to come out successful therein. Considering the relationship between the opp. party No. 2 and the victim girl and the circumstances in which the alleged incident took place the learned Asst. Sessions Judge should not have granted bail to the opp. party No. 2 since in such cases the statement of the victim girl plays a major role m finding an accused guilty and the statements of the victim girl disclose a prima facie case against the opposite party No. 2. In view of the sworn statement of the victim girl, prima facie case under Section 376, I.P.C. can be said to have been made out against the opp. party No. 2. The offence alleged is also serious in nature. Therefore, the finding of the learned Asst. Sessions Judge to the contrary appears to be against the materials on record.