UMAKANTA MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is directed against the order dated 26.11.2003 passed by the learned Assistant Sessions Judge, Anandapur in S.T. No. 4/41 of 2003 framing charge under Section 376 of the Penal Code.

(2.) FROM the impugned order it appears that the learned Assistant Sessions Judge, Anandapur in S.T. No. 4/41 of 2003 had initially framed charge for commission of offences under Sections 493 and 313 of the Penal Code. A petition was filed by the Additional Government Prosecutor praying for amendment of the charge by adding offence under Section 376 of the Penal Code. In the impugned order the trial Court after hearing the parties framed charge under Section 376 of the Penal Code.

(3.) THE learned counsel Shri Das appearing for the petitioner submitted that on plain reading of the deposition of the victim, it will be clear that right from the beginning she had consent for all types of physical relationship and as per opinion of the doctor, she being a major, the case under Section 376 of the Penal Code is not made out. The learned Addl. Standing Counsel referring to the depositions of witnesses submitted that the consent being under coercion/promise, is no consent and, therefore, offence under Section 376 of the Penal Code is clearly made out.