STATE OF ODISHA Vs. PRATAP KUMAR DAS

JUDGEMENT

(1.) The Petitioner, the State of Odisha, has filed this application seeking leave to appeal challenging the judgment and order of acquittal dtd. 7/1/2005, passed by the learned Adhoc Additional Sessions Judge, F.TC. No-I, Bhubaneswar, in S.T. No. 30/292 of 2003 arising out of Lingaraj P.S. Case No. 76/2003, wherein, the learned trial Court acquitted both the accused persons (Respondents) of offences under Sec. 364, 376(2)(f), 302 and 34 of the Indian Penal Code, 1860.

(2.) The prosecution case, in brief, is that on the night of 1/5/2003, a Yajna was being performed at the newly constructed Siva Temple for its pratistha, situated near the river embankment in the village of Gangeswarpur Sasan. During the night, children from the village, including the deceased, were playing there. As the night progressed, the other children returned home, but the deceased did not. A thorough search was conducted throughout the night by the villagers, but the deceased could not be found. Early the next morning, P.W.3, the brother of the Informant, discovered the deceased lying in a dried pond amidst Amari bushes near the Siva Temple. The deceased had visible injuries on her cheek, neck, private parts, and other areas. P.W.3 carried the deceased back to their house, where other villagers gathered. Subsequently, P.W.3, along with others, proceeded to Lingaraj Police Station to lodge the FIR. On receipt of the written complain, P.W.22, the I.O., registered the F.I.R. vide Lingaraj P.S. Case No. 76/2003 for offences under Sec. 364, 376(2)(f), 302 and 34 of the Indian Penal Code, 1860, prompting the commencement of investigation.

(3.) In the course of the investigation, P.W.22, the IIC of Lingaraj and the Investigating Officer (I.O.) of this case, examined the complainant, visited the crime scene, and requisitioned the services of a scientific officer and a police dog. He conducted an inquest over the deceased-victim's body in the presence of witnesses, marked as Ext.1, and sent the body to the Chief Medical Officer, Capital Hospital, for a post-mortem examination. The police dog was used in the investigation by being given a scent, which led from the crime scene to the complainant's house where the body was kept, touching the cabin of Respondent No.1 along the way. The I.O. seized bloodstained and sample leaves from a creeper and an Amari plant. After the post-mortem, he also seized the deceased's clothing. Confidential inquiries in the village revealed that Respondent No.1 had previously committed rape on three other minor girls on different occasions and was allegedly involved in an illicit relationship with another woman in the village. Respondent No.2 was frequently seen with Respondent No.1, as they often indulged in intoxication together. On the night of the incident, both Respondents were seen consuming bhaang near Pratap Das's cabin and heading towards the riverbank road. The post-mortem report was received on 20/5/2003. On the same day, the I.O. received information that both accused had been spotted near Samantarapur. He conducted searches and raids at probable locations, ultimately arresting both Respondents in the village of Gangeswarpur. The I.O. seized their clothing and sent them for medical examination. On 21/5/2003, the I.O. received the post- mortem and query reports from the Medical Officer (P.W.13). The material objects were sent for further medical examination, and the corresponding report was marked as Ext.13. Upon completing the investigation and finding a prima facie case against the accused persons, a charge sheet was filed against Respondent Nos. 1 and 2 on 16/9/2003, to face trial.