HIMADRI BAGAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal assails the judgment of conviction passed on 18/8/2012 by the learned Additional Sessions Judge, Kuchinda in S.T. Case no. 21 of 2009 convicting the appellant for offences punishable U/Ss. 493/376 of the Indian Penal Code, 1860 (In short the 'IPC') and Sec. 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short the 'Act') and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 (Rupees ten thousand only), in default whereof, to undergo further imprisonment for one year on each count. The learned trial Court, however, by the aforesaid judgment has also acquitted the Appellant of the charge U/S. 506 of IPC.

(2.) On 18/11/2006 at about 4 P.M., the victim lodged an F.I.R. against the convict under Ext. 4 before the I.I.C., Kuchinda P.S. stating therein that she was in courtship with the appellant preceding three years by keeping physical relationship and they were living as husband and wife in Bonai area and thereafter, they shifted to village Kansar, but after staying there for two days at Kansar, the appellant went away by leaving her and she, thereafter, returned back to Kuchinda by a bus. On alighting from the bus, the middle brother of the appellant namely Dambaru Bagar asked her to go to her house on the next day. He further threatened her to kill, if she disclosed the incident before anybody including the Police. Since she belonged to "Kisan" by caste and they being "Gouda" by caste, no one can harm them. On this issue, there was a village meeting in which the appellant accepted to marry the victim at Court, but later the appellant refused to accept the victim as his wife.

(3.) In support of the charge, the prosecution examined PW Nos. 1 to 9 and exhibited six documents vide Ext. 1 to 6 in evidence as against no evidence whatsoever by the defence. Of the witnesses examined, PW 1 and 4 are the cousins of victim-cum-PW6, whereas PW 2 and 3 are the Doctors, PW5 is the scribe, whereas PW 7 to 9 are the three IOs.