DABU @ SANTOSH KUMAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Dabu @ Santosh Kumar Munda in JCRLA No.14 of 2021 and the appellant Mukuna @ Dhanu @ Dhanuram Kerei in CRLA No.135 of 2021 faced trial in the Court of learned Additional Sessions Judge -cum- Special Judge, Keonjhar in Special Case No.29 of 2017 for offences punishable under Sec. 450/34 of the Indian Penal Code (hereinafter 'I.P.C.'), Sec. 506/34 of the I.P.C., Sec. 376-D of the I.P.C. and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter referred to as 'POCSO Act').

(2.) The prosecution case as per the first information report (Ext.1) lodged by Laxmi Munda (P.W.1), the mother of the victim (P.W.2) before the Inspector in-charge of Keonjhar Sadar police station on 20/3/2017, in short, is that she had been to Belda market on 18/3/2017 to purchase cattle leaving her children in the house. The victim (P.W.2), who was aged about fourteen years along with the niece of P.W.1 namely Sambari Munda (P.W.4), aged about twelve years and the son of P.W.1 namely Sanjay Munda (P.W.3), aged about sixteen years were present in the house. At about twelve midnight on 18/19/3/2017, the appellants entered inside the house of P.W.1 by breaking open the window by switching off the light and they gagged the mouth of the victim and forcibly took her to a distance place from her house and removed her clothes and committed gang rape on her. It is further stated that they tried to kill the victim by means of a stone but the victim ran away in order to save her life from the spot. P.W.1 returned home on 19/3/2017 at about 4.00 p.m. and came to know about the occurrence from the victim and accordingly, she narrated the incident before the grama rakhi of the village, namely, Sudarsan Munda (P.W.6), who scribed the written report and the signature of P.W.1 was obtained on the written report and it was presented before the Inspector in-charge, who registered Keonjhar Sadar P.S. Case No.98 dtd. 20/3/2017 under Sec. 450/376- D/506 of the I.P.C. and Sec. 6 of the POCSO Act against both the appellants.

(3.) After submission of charge sheet, the learned trial Court framed charges against the appellants on 16/3/2018 as aforesaid and since they refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt. Prosecution Witnesses, Documents Exhibited & Material Objects Proved by the Prosecution: