DEV Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner is an accused in connection with Ambadola P.S. Case No.200 of 2023 corresponding to T.R. Case No.35 of 2023 for the offences under Ss. 498-A/313/323/307/506/34 of the IPC, which subsequently turned to Ss. 498-A/313/307/506/34/376-AB of the IPC read with Ss. 4(2) and 6 of the POCSO Act pending in the Court of learned Additional Sessions Judge 'cum-Special Court under POCSO Act, Rayagada.

(2.) The allegation as per the F.I.R. is that while the informant-victim was prosecuting her study, the petitioner proposed the victim. But the victim did not show interest to keep any relationship with the petitioner. On 13/7/2015, while the informant was going to school, the petitioner forcibly taken her in a vehicle to a jungle and forcibly committed sexual intercourse. Then the petitioner left the victim near the village school. It is further alleged that the petitioner got married the victim at the intervention of the village gentries. After the marriage the victim was four months pregnant. In the night, the petitioner and his family members tried to terminate the pregnancy of the victim and gave her medicine. Thereafter, the pregnancy was terminated. It is further alleged that the petitioner and his family members started physical and mental torture to the victim. Hence, the case is registered.

(3.) When the matter is taken up by the Coordinate Bench of this Court on 7/2/2024, the following has been passed: