SANTUNU SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Aska P.S. Case No. 253 of 2023 corresponding to G.R. Case No. 65 of 2023 in the file of the learned Additional District Judge-cum-Special Court under POCSO Act, Berhmapur at Ganjam under Ss. 376(2) (n), 376(3), 195(A), 354-C, 354-D, 506 and 507 of IPC and Ss. 66-E, 67-B of the I.T. Act and Sec. 6 of the POCSO Act.

(2.) The prosecution allegations in brief against the petitioner are that the petitioner and the victim are known to each other since 2 years but one day when the victim had gone to the house of the petitioner, he offered her cold drink after having it, she felt uncomfortable and taking advantage of the situation, the petitioner ravished her and captured the moments by making a video. Thereafter on threat of making the video viral, he continued to ravish the victim. When the victim went to Berhampur to pursue her study, the accused continued to harass her and when she did not respond to his calls, he has uploaded the photographs and videos on instagram.

(3.) Mr. B.P. Panda, learned counsel for the petitioner submits that the petitioner and the victim girl belong to the same village and were in a relationship but false allegations have been made against him because he had burnt the motor cycle of the informant (father of the victim). He also submits that the petitioner is in custody since 10/5/2023 and investigation has been completed.