SATRUGHNA SAMAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Satrughna Samal faced trial in the Court of learned Assistant Sessions Judge (Special Track Court), Cuttack in S.T. Case No.178 of 2014 for commission of offences punishable under Sec. 366-A/376 of the Indian Penal Code (hereinafter 'I.P.C.') on the accusation that on 16/8/2010 the appellant induced the victim girl (P.W.8), who is the minor daughter of the informant (P.W.3), to go from her house situated at village Safa under Tangi police station, Cuttack to somewhere with intent that the victim may be (or knowing that it is likely that she would be) forced (or seduced) to illicit intercourse and also committed rape on her.

(2.) The learned trial Court vide impugned judgment and order dtd. 17/12/2014 though acquitted the appellant of the charge under Sec. 366-A of the I.P.C. but found him guilty of the offences punishable under Sec. 366/376 of the I.P.C. and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000.00(rupees ten thousand), in default, to undergo rigorous imprisonment for six months more for the offence under Sec. 376 of the of the I.P.C. and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.5,000.00(rupees five thousand), in default, to undergo rigorous imprisonment for three months more for the offence under Sec. 366 of the I.P.C. and both the substantive sentences were directed to run concurrently. The prosecution case:

(3.) The prosecution case, as per the first information report (hereinafter 'F.I.R.') lodged by Shri Hemanta Kumar Mohanty (P.W.3) before the I.I.C., Tangi police station, Cuttack on 19/8/2010, in short, is that his daughter/victim (P.W.8) was missing from his house since 16/8/2010 which he had intimated to the police on 18/8/2010 and thereafter he came to know on enquiry that the appellant who belonged to Safa Sabar Sahi along with his brother Mitika Samal, friends Kalia Samal and Dharama Samal had kidnapped his daughter.