SANTANU KAUDI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Santanu Kaudi was initially charged on 14/5/2014 for commission of offences under Sec. 376(i)/506 of the Indian Penal Code (hereinafter, "I.P.C.'), Sec. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter "1989 Act') and sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter "POCSO Act') by the learned Sessions Judge -cum- Special Judge, Sundargarh in Special G.R. Case No.15 of 2013. In the midst of trial, the case was transferred to the Court of Additional Sessions Judge -cum- Sessions Judge, Sundargarh where the trial proceeded. After examination of the prosecution witnesses and also recording of the accused statement, charge was re-framed under Sec. 376(2)(n)/506 of the I.P.C., sec. 3(2)(v) of 1989 Act and Sec. 6 of the POCSO Act.

(2.) The father of the victim, namely, Baisakhu Munda (P.W.2) lodged an F.I.R. before the Inspector-in-charge of Sadar police station, Sundargarh on 14/8/2013 stating therein that the victim was aged about seventeen years and she used to go to the jungle for grazing goats everyday and the appellant, who is a co-villager, also used to visit the jungle for the same purpose every day. By giving threat to the victim and also alluring her, the appellant used to keep physical relationship with the victim for which she became pregnant for seven months as on the date of lodging of the F.I.R. It is also stated in the F.I.R. that the appellant was threatening the victim not to disclose such act before anybody or else she would have to face dire consequences for which she did not disclose about the incident before her family members. She was examined by the Asha Karmi, who found her pregnant and when she was asked about the name of the person who made her pregnant, the victim disclosed the name of the appellant before the Asha Karmi.

(3.) The defence plea of the appellant is one of denial.