SUBASH PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Subash Pradhan faced trial in the Court of the learned Sessions Judge, Sambalpur in S.T. Case No. 76 of 2010 for the offence punishable under Sec. 376 of the Indian Penal Code for committing rape on the victim 'KP' on 15.12.2009 in between 12.00 Noon to 1.00 p.m. at village Lipinda under Jujumura Police Station in the district of Sambalpur.

(2.) The prosecution case as per the First Information Report lodged by the victim on 17.12.2009 before the Inspector -in -Charge, Jujumura Police Station is that on 14.12.2009 at about 3.00 p.m. she had come to stay in the Short Stay Home at Lipinda and took permission of Damayanti Didi, Superintendent of the Short Stay Home. During the night on 14.12.2009 the victim stayed in the Short Stay Home and slept with Damayanti Didi. On the next day morning at about 8 o' Clock, Damayanti Didi left for Rairakhol to attend her duty. The appellant, who was working in the Short Stay Home came around noon and committed rape on the victim and left to Charmal. In the evening hours, when Damayanti Didi returned to the Short Stay Home, the victim disclosed about the incident before her who assured her to look into the matter and asked her to stay there. On 16.12.2009 in the night, Damayanti Didi put blame on the victim and asked her to leave the Short Stay Home.

(3.) After registering the case, P.W.9 came to Sambalpur with a lady constable and on reaching at the District Police Office, he examined the victim and sent her to the District Headquarters Hospital, Sambalpur for medical examination with constable Gayatri Jagadal (P.W.4). P.W.9 then examined the Prosecuting Inspector of Vigilance Department, Sambalpur, viz. Sabitarani Panda (P.W.1) and Sudhir Barla (P.W.8), who scribed the F.I.R. On that day, the victim could not be medically examined as it was late. P.W.9 searched for the appellant and arrested him at Charmal and the appellant was sent for medical examination to the District Headquarters Hospital, Sambalpur through a constable. P.W.9 then visited the Short Stay Home at Lipinda and prepared spot map (Ext. 9). He examined Damayanti Patra, who was the organizer of the Short Stay Home and one Rabi Majhi (D.W.1), watchman of the said Short Stay Home. The victim was medically examined at the District Headquarters Hospital, Sambalpur. Wearing apparels of the victim, i.e. black colour saya and printed polyester saree were seized under seizure List (Ext. 1) and wearing apparels of the appellant, i.e. a light green check lungi and a check full shirt were also seized under seizure list (Ext. 5). The Havildar as well as a constable produced four small glass vials containing the blood sample, semen, pubic hair and saliva of the appellant in sealed condition which were seized under seizure list Ext. 10. The Investigating Officer also seized two small glass vials containing vaginal swab and pubic hair of the victim on production by the constable Gayatri Jagdal (P.W.4) under the seizure list (Ext. 3). On 19.12.2009 the appellant was forwarded to the Court and on 22.12.2009 P.W.9 handed over the charge of investigation of the case to Sri Sangram Keshari Behera (P.W.10), who was the I.I.C. of Jujumura Police Station.