BIKRAM ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) " Rape and war, she explained are among the most common causes of post-traumatic stress disorder, and survivors of sexual assault frequently exhibit many of the same symptoms and behaviors as survivors of combat: flashbacks, insomnia, nightmares, hyper vigilance, depression, isolation, suicidal thoughts, outbursts of anger, unrelenting anxiety, and an inability to shake the feeling that the world is spinning out of control."

(2.) The factual matrix of the prosecution case, eschewing unnecessary details and describing briefly, as per the first information report (Ext.4/1) lodged by the victim (P.W.23) before officer-in-charge, Jajpur Road Police Station is that on 9.10.2002 during the evening hours at about 6.00 p.m. while the victim was returning home after finishing cooking in the house of Dr. Hari Prasad Pati, the appellant and co-accused Natia Rout @ Danei and two of their associates caught hold of the victim from her back near a mango tree situated in village Mathagadia and gagged her mouth. The victim was assaulted by fist blows and slaps and taken in a car towards some unknown destination. The victim lost her sense and when she regained her sense, she found herself lying on a hill situated near Kabatabandha and four persons were sitting by her side and consuming liquor. Before the victim could make any query, she was pressed on the ground by two persons and thereafter the appellant and all his associates committed rape on her one after another. The victim became senseless again and towards dawn when she regained sense, she found that nobody was present near her. An old man of the nearby village came near the victim and looking at her alarming condition, took her to Kabatabandha Hospital and after ascertaining her identity there, contacted her brother-in-law who was staying at Jajpur Road. The brother-inlaw of the victim took her back but thereafter she was threatened not to report the matter in the Police Station otherwise she would face dire consequence. The victim was very apprehensive in view of the previous conduct of the accused persons and accordingly could not report the matter in the Police Station even on the next day of occurrence.

(3.) After submission of charge-sheet, the case was committed to the Court of Sessions for trial after observing due committal procedure where the learned trial Court charged the appellant under sections 366 and 376(2)(g) of Indian Penal Code on 20.9.2004 and since the appellant refuted that charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.