GANGADHAR SETHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant faced trial for offences punishable under Section 376(2)(f) of Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereafter for short 'POCSO Act') in the Court of Special Judge, Gajapati, Parlakhemundi in G.R. Case No. 60 of 2013 for committing rape and penetrative sexual assault on Miss 'S' (hereafter 'the victim') on 12.12.2013 at 3.40 p.m. in the Government Quarters of Revenue Department, Adava.

(2.) THE prosecution case, as per the first informant report lodged by one Saroj Kumar Nayak (P.W.2), the father of the victim before Inspector -in -charge, Adava Police Station, Gajapati is that the informant was working as FRC Amin and since last five years he was staying with his family in the Government Quarters of Revenue Department which was situated near Adava Grama Panchayat. The appellant was also working with the informant in the same department and was staying in the neighborhood in another Government quarters. On 12.12.2013 at about 3.40 p.m., the appellant called the victim who was aged about five years to his house. The victim accompanied the appellant to his house. The appellant committed rape on the victim for which the victim cried and came out of the house of the appellant. At that time the wife of the informant marked semen stains over the private parts as well as on the thighs of the victim. The wife of the informant informed him about the incident for which the informant returned back home and found the incident to be true and accordingly he lodged the first information report.

(3.) IN order to prove its case, the prosecution examined fourteen witnesses.