STATE OF ORISSA Vs. MIR RAHIM ALII

JUDGEMENT

(1.) The State has called in question the order of acquittal passed by the learned Assistant Sessions Judge, Mayurbhanj, Baripada in S.T. Case No. 13/56 of 1991 acquitting the respondent for the charge under Sections 363/366, IPC.

(2.) Prosecution case is that the victim aged about 14 years, the daughter of the informant while was reading in village M.W. School had gone to attend the school fest which was being held during evening on the occasion of Republic Day in the year 1991. It is stated that the daughter of the informant had associated herself being involved in different kind of activities in the said school fest. It is said that the programmes continued till late night and after the programme ended the respondent standing near the school gate called the victim girl by giving signal and accordingly the victim went near him. Thereafter, it is stated that the respondent took her on a cycle to Rupsa wherefrom she was further taken to Jaleswar in train and from there they boarded for Bhubaneswar. It is also the case of the prosecution that the victim girl was also taken to Waltear and then to Tata Nagar where they stayed in the house of one Moulabi. In view of such leaving of the victim girl, the family members went on search of her but they could not trace out the victim girl. So, the matter was reported at the Police Station. The father of the victim girl reported about such missing at the Police Station. Subsequently on 18-2-1991, information was received that the respondent was staying with the victim girl at Tata Nagar in the house of one Moulabi. The police officer of the concerned Police Station where the report was lodged by the father of the victim proceeded to the place and finally raiding the house of that Moulabi, rescued the victim and traced out the respondent there. Thereafter, further investigation was made and finally charge-sheet was laid against the respondent for commission of offence under Section 363/366, IPC.

(3.) During trial, prosecution examined nine witnesses, such as, the father of the victim girl (P.W. 1), the witnesses to the recovery of the victim (P.Ws. 2 and 3) and the victim as P.W. 4. Teachers of the School where the victim girl was reading have also been examined to prove the School admission register. Evidence of the Doctor has also been tendered for the purpose of proving the age of the victim girl. The I.O. in the case has been examined as P.W. 9. Besides the above the documents, such as, the FIR School admission register, reports of the Doctor have also been admitted in evidence.