SATYENDRA PRAKASH VERMA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner is apprehending arrest in connection with Bisra P.S. Case No. 180 of 2023 corresponding to G.R. Case No. 139 of 2023 pending in the Court of learned Addl. District Judge-cum-Special Court under the POCSO Act, Sundargarh.

(2.) The prosecution case, in brief, as per the FIR lodged by one 'X' (name withheld) before Bisra Police Station on 24/12/2023 is that she had been working as a maid in the house of one Sanjeet Mahato since 2 to 3 years. Said Sanjeet Mahato kept physical relationship with her on the assurance of marriage. When she became pregnant, Sanjeet asked her to abort the child. On such allegation, the FIR being lodged, Bisra P.S. Case No. 180 of 2023 was registered under Ss. 376(2)(n)/313/506 of IPC, Sec. 6 of POCSO Act and Ss. 3(1)(r)/3(1)(s)/3(2)(va) of the SC & ST (PA) Act. In course of investigation, it came to light that the victim 'X' was a minor girl at the time of the occurrence and belongs to the SC category, while the principal accused belongs to the general category. It was further revealed that after coming to know about the relationship, when the family members of the victim and the villagers prevailed upon Sanjeet Mahato to accept her as his wife, he took her to his house and resided with her but he conspired with the local pharmacist, namely, Sanat Kumar Mohanty and one Sanjay Kumar Panda, the Manager of the Nursing Home for termination of pregnancy of the victim. Thereafter, he forcibly took the victim to the Nursing Home, got her admitted with the help of Sanjay Kumar Panda, who took Rs.50,000.00 from Sanjeet Kumar Mahato for the purpose. The victim however gave birth to a premature baby girl. Sanjeet did not accept the new born child and left the clinic along with the victim falsely stating that the child was born dead. Subsequently, the accused Sanjeet handed over the new born baby to the present petitioner, who being the doctor had facilitated delivery of the child. The child was being looked after by him and on receiving information, the Chairman of Child Welfare Committee (CWC), Sundargarh rescued it from the possession of his wife.

(3.) Heard Mr. U.C. Jena, learned counsel for the petitioner and Mr. Sitikanta Mishra, learned Addl. Standing Counsel for the State.