STATE OF ORISSA Vs. SATRUGHNA SETH

JUDGEMENT

(1.) LEARNED Standing Counsel is present. Counsel for the Respondent are not present.

(2.) HEARD .

(3.) ACCUSATION against the respondent is that on 9.12.983, he allegedly ravished a minor child aged about 7 years in a sugarcane field and that in that process he used Criminal force intending to outrage her modesty. The incident leading to the occurrence, according to the prosecution is that the victim (P.W. 6) was a minor girl aged about 6 to 7 years. On the date of occurrence i.e., on 9.12.1983 in the afternoon hours on the direction of her mother (P.W. No. 4), she came to guard the thrashing floor. At about 3 P.M., on seeing a calf having entered into their horse gram field she went there to drive it out. While returning from that place, she was invited by the accused to the sugarcane field to give a piece of surgarcane. When she went to that sugarcane field accused removed her CHHUDI and removing his lungi, made her to sit on his thighs and put his penis into the vagina of the girl and in that process embarrassed her and also kissed her breast (chest). After seminal discharge which fell on her thigh and frock, the accused wiped the same and gave her a 50 paise coin and asked her not to disclose to anybody about that incident. She returned to the thrashing floor and found her mother present there. Her mother sensed that something had gone wrong with her and accordingly asked P.W. No. 6 and she narrated the incident resulting in a report to the Police followed with routine investigation. In that process, the girl was examined by the lady doctor (P.W. No. 13) on 10.12.1983 and the accused being medically examined by the doctor (P.W. No. 14) on 14.12.1983. The wearing apparels of the accused i.e., the lungi and the gamancha marked M.Os. I and II and the wearing apparel of the girl i.e., the pant and the frock respectively M.Os. Ill and IV were seized and sent to the State Forensic Science Laboratory (in short 'S.F.S.L.') at Rasulgarh, Bhubaneswar for chemical analysis and serological test. On completion of the investigation, charge -sheet was submitted for the offences under Sections 376/511 and 354, IPC but as noted above charge was framed against the accused under Sections 376 and 354 and 511, IPC.