BARIKA PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Barika Pradhan faced trial in the Court of learned Additional Sessions Judge -cum- Special Judge, Gajapati, Paralakhemundi in G.R. No.4/2019/T.R. No.12/2019 for commission of offences punishable under Sec. 376(2)(n) of the Indian Penal Code and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter referred to as 8 POCSO Act 9) on the accusation that on 10/3/2019 at Kampa Sahi-2, Paralakhemundi, the appellant called the victim who was a minor girl child aged about seven years to his house and committed aggravated penetrative sexual assault on her by inserting his finger in her vagina causing pain on her private part.

(2.) The prosecution case, as per the first information report lodged by Balaga Umasankar (P.W.9), father of the victim before the Inspector in-charge of Model Police Station, Paralakhemundi on 11/3/2019 is that the victim was aged about seven years at the time of occurrence and the appellant was his neighbour and he called the victim to his house and when the victim returned back home, she was feeling pain in her vagina and when her mother asked her about the reason for such pain, she disclosed that the appellant inserted finger in her vagina.

(3.) After submission of charge sheet, the learned trial Court framed charges against the appellant and since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.