TARJAN PURTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This case is another example which shows how life can be so cruel and ugly. When the girl was in an age of running after the butterflies and playing with dolls and she had not entered into the complexities of life, she suffered a jolt on account of the barbaric incident. She was returning home in a joyous mood after enjoying dancing in Magha festival. Unfortunately she came in the clutches of a demon who ravished her in the darkness. She screamed for her rescue but nobody turned up to extend the helping hands. Childhood which is stated to be the most beautiful of all life's seasons became a horrific trauma for her with never ending tears rolling down her cheeks.

(2.) The prosecution case as per the First Information Report lodged by the victim girl is that on 16.03.2008 during the evening hours, she had gone to a hamlet situated nearer to her house to dance on the eve of Magha festival. At about 9 o' clock while the victim was returning home, in an isolated place, the appellant dragged her and after removing her dress committed rape on her. When the victim shouted, the appellant left her. The victim rushed to her house and disclosed about the occurrence to her parents and her brother.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned Trial Court charged the appellant under section 376(2)(f) of Indian Penal Code on 05.02.2010 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.