KABI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Kabi @ Kabiraj Nayak faced trial in the Court of learned Special Judge (POCSO) -cum- 2nd Additional Sessions Judge, Berhampur, Ganjam in G.R. No.07 of 2018 for commission of offences punishable under Sec. 324/376(2)(i)/506 of the Indian Penal Code and sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act') on the accusation that on 22/1/2018 at about 1.00 p.m. at village Barapali under Tarasingi police station in the district of Ganjam, he assaulted the victim (P.W.2) and committed criminal intimidation by threatening her and also committed rape on her.

(2.) The prosecution case, in short, is that on 22/1/2018 at about 1.00 p.m., the victim (P.W.2) had gone to attend the call of nature. The appellant called her to accompany him to collect plum (koli) but she denied. Then he forcibly dragged the victim, tore her frock and pant and committed rape on her. The appellant also threatened the victim not to disclose about the occurrence before any one otherwise she would face dire consequences. The victim presented the written report before P.W.9, the Inspector in-charge of Tarasing police station on 23/1/2018 and accordingly, Tarasing P.S. Case No.11 of 2018 was registered under Sec. 324/376/506 of the Indian Penal Code and sec. 6 of the POCSO Act against the appellant.

(3.) The defence plea of the appellant was that he was working as a labourer in the land of the father of the victim and the father of the victim was trying to sell away his land and when the appellant demanded his dues, a false case has been foisted against him.