BIDYADHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Bidyadhar @ Anirudha Das faced trial in the Court of the learned Addl. Sessions Judge -cum- Special Judge (POCSO), Angul in Special (POCSO) No.11 of 2016 for the offences punishable under sec. 376(2)(i) of Indian Penal Code (hereafter 'I.P.C.') read with sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act') on the accusation that on 1/2/2016 at about 8.00 a.m. in village Sunakhani under Talcher police station in the district of Angul, he committed rape on the victim, who was a minor girl aged about sixteen years of age.

(2.) The prosecution case, in short, is that Sumitra Munda (P.W.4), the informant in the case, is the mother of the victim (P.W.1) and Ramesh Digmunda (P.W.2) is the father of the victim. On the date of occurrence i.e. on 1/2/2016 in the early morning, both the P.W.2 and P.W.4 had been to a brick factory to do labour work and at that time the victim (P.W.1) was alone in the house and the appellant taking advantage of the situation entered inside the house of the victim, committed rape on her, for which the victim sustained injury on her private part and there was bleeding and out of pain, she was crying loudly. When the parents returned home, they found the victim was crying and her wearing apparels were stained with blood. P.W.4 asked the victim as to what had happened to her and then she disclosed regarding commission of rape on her by the appellant. P.W.4 also noticed bleeding from the private part of the victim and then immediately victim was taken to Talcher police station where written report was presented by P.W.4 and accordingly, Talcher P.S. Case No.35 dtd. 1/2/2016 was registered under sec. 376(2)(i) Indian Penal Code and sec. 6 of the POCSO Act by the Inspector-in-charge who directed P.W.15 Prasanna Kumar Panda, S.I. of police attached to Talcher police station to investigate into the case.

(3.) During course of trial, in order to prove its case, the prosecution examined fifteen witnesses.