SANJIT KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application under Sec. 397 read with 401 of Cr.P.C. has been filed challenging the order passed by the learned Sessions Judge (Special Court), Kuchinda in connection with Special G.R. Case No. 04 of 2023 which arises out of Kuchinda P.S. Case No. 95 of 2023 rejecting the application of the petitioner under Sec. 227 of the Cr.P.C. to discharge him from all the offences.

(2.) The prosecution allegation in brief is that the victim passed +3 in the year 2012, where the petitioner was serving as a lecturer in zoology. Thereafter, she was employed by him in his coaching institute as a data entry operator. The accused took advantage of her while she was working there and against her wishes has shot videos and photographs and subsequently by using those has kept physical relationship with her against her wishes on a number of occasions. When her marriage was fixed in the year 2018, he threatened to make her photographs and videos viral, for which her marriage negotiations failed. Again, in the year 2023, when her marriage had been fixed, he threatened her and then sent photographs and videos of the intimate moments to her would be groom in order to break the marriage. Initially the investigation had been conducted by Mr. S. Seth, IIC, Kuchinda PS. After his transfer Inspector Chandramohan Singh conducted the investigation. Preliminary charge sheet had been filed on 4/8/2023 by the IIC, Kuchinda Police Station, against the petitioner for commission of offences under Sec. 354-A,354-C,354-D, 376(2)(n),506 of the IPC and Sec. 67A of the IT Act. During the investigation, after receipt of the caste certificate, it was found that the victim belongs to a Schedule Tribe, under instruction of the Superintendent of Police, Sambalpur, charge of investigation was taken up by DSP, Sambalpur. After taking charge of investigation, DSP has conducted joint inquiry and examined the victim, one Sukesh Kumar Majhi and recorded his statement under Sec. 161 of the Cr.P.C. He has seized the mobile phones, used by the accused and the mobile phones of witnesses to which the petitioner had allegedly sent the photographs and videos of the victim. They were sent to the State Forensic Laboratory for examination and it was found that the victim belongs to Oraon caste, which comes under the ST category. After completion of the investigation the DSP had submitted the charge sheet dtd. 29/10/2023 against the petitioner for commission of offences punishable under Sec. 354-A,354-C,354-D, 376(2)(n),506 of the IPC and Sec. 67a of the IT Act and read with Sec. 3(1)(r)(w), 3(2)(v)(va) of the SC and ST (Prevention of Attrocities) Act, 1989.

(3.) Mr. B. Sahoo, learned Counsel for the petitioner has challenged the impugned order on the following grounds