RABINDRA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) "Api Swarnamayi Lanka Na Mein Lakshmana Rochate Janani Janmabhumischa Swargadapi Gariyasi" ("Lakshmana, even this golden Lanka does not appeal to me. Mother and motherland are greater than heaven.")

(2.) The prosecution case, as per the First Information Report lodged on 23.3.2005 by the victim (P.W.1) before the Inspectorin-charge, Salipur Police Station is that on that day at about 9.00 a.m. while the husband of the informant was not present in the house, the appellant who is the son of the victim and was addicted to liquor and ganja wrongfully confined the victim inside a room and assaulted her by means of a bamboo stick on her left hand and left leg vigorously for which the victim became senseless. The appellant torn the saree of the victim and committed rape on her and also abused her in filthy languages.

(3.) On receipt of the written report from P.W.1, the Inspectorin-Charge of Salipur Police Station namely Trinath Mishra (P.W.12) registered Salipur P.S. Case No.74 dated 23.3.2005 under sections 323, 506 and 376 IPC at about 5.30 p.m. and he himself took up the investigation. He examined the informant and recorded her statement so also the statement of her husband Babaji Sahu. Then the I.O. visited the spot and in presence of the informant and other witnesses prepared the spot map Ext.8. The I.O. also seized one bamboo lathi, one lock with two keys from the spot room on production by the informant in presence of the witnesses under seizure list Ext.4. He further examined the witnesses and recorded their statements on 24.3.2005. The I.O. seized the wearing apparels of the appellant under seizure list Ext.9. Then he seized the wearing apparels of the victim under seizure list Ext.3 and then both the appellant and the victim were sent for medical examination under police requisition to S.C.B. Medical College & Hospital, Cuttack. The vaginal swab of the victim as well as her pubic hair were seized so also the semen and pubic hair of the appellant. The appellant was arrested and forwarded to Court on 25.3.2005. The I.O. received the medical examination report of the victim as well as of the appellant. On 15.7.2005 the seized exhibits were sent to SFSL, Rasulgarh for chemical examination and after completion of investigation, charge sheet was submitted on 20.7.2005 under sections 341, 506 and 376 IPC.