JAYA CHANDRA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Jaya Chandra Pradhan faced trial in the Court of learned Asst. Sessions Judge, Bhanjanagar in Sessions Case No. 31 of 1994 (S.C. No.281/94 G.D.C.) for offences punishable under Sections 448/376/323/506 of the Indian Penal Code. The learned Trial Court vide impugned judgment and order dated 22.02.1995 found the petitioner guilty of the offences under Sections 448/376/323/506 of the Indian Penal Code and sentenced him to undergo R.I. for a period of five years and to pay a fine of Rs. 1000/- (rupees one thousand), in default, to undergo R.I. for three months under Section 376 of the Indian Penal Code R.I. for one year for the offence under Section 448 of the Indian Penal Code, R.I. for six months for the offence under Section 323 of the Indian Penal Code and R.I. for one year for the offence under Section 506 of the Indian Penal Code and all the substantive sentences were directed to run concurrently. The petitioner preferred an appeal before the Court of Session which was heard by learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Berhampur in Criminal Appeal No. 64 of 1998 (Criminal Appeal No.54/95 G.D.C.). The learned Appellate Court vide impugned judgment and order dated 19.02.1998 upheld the impugned judgment and order passed by the learned Trial Court and dismissed the criminal appeal, hence the revision.

(2.) The prosecution case, as per the First Information Report lodged by the victim "S" before the officer in charge, Buguda police station on 02.06.1994 is that on that day at about 8.00 a.m. while her husband was not present in the house and she was preparing to cook food inside her house, due to previous enmity, the petitioner forcibly entered inside her house and attempted to outrage her modesty and when she shouted, the petitioner gagged her mouth by means of a towel and then took her to the backyard of the house, brought a stick from the fence and assaulted on her right thigh as a result of which the victim fell down on the ground. At that point of time, Natabar Gouda (P.W.5) and Tuna Pradhan (P.W.8) came there and seeing the incident, protested the petitioner but the petitioner drove them away. It is further stated in the First Information Report that while the victim was lying as such in the backyard, the petitioner further tried to assault her and also outraged her modesty and squeezed her breast and then left the place giving threat to her that he along with others would loot her properties -and thereafter would rape her and in case the matter is reported at the police station, the victim and her husband would face dire consequence. It is further stated in the First Information Report that the husband of the victim getting the message about the incident from somebody came to the house and thereafter, the victim came to the police station along with her husband and reported the matter. On the basis of the First Information Report, Buguda R.S. Case No 61 of 1994 was registered under Sections 452/376/323/506 of the Indian Penal Code and Dillip Kumar Mohanty (P.W. 12), officer in charge of Buguda Police Station himself took up investigation of the case. During course of investigation, he examined the informant (P.W. 1), made spot visit, examined the witnesses and seized the wearing saree of the victim under seizure list Ext.7, sent both the victim and the petitioner for medical examination to M.K.C.G. Medical College & Hospital, Berhampur under medical requisitions. On 05.06.1994 the investigating officer seized the wearing apparels of the petitioner under seizure list Ext.2, he also seized six packets containing vaginal swab of the victim, pubic hair of the victim, foreign fair, nail clippings on being produced by the constable under seizure list Ext. 1 The petitioner was taken into custody and he was forwarded to the Court and then the investigating officer dispatched the material objects for chemical examination to the D.F.S.L., Chatrapur and received the reports subsequently. He has also received the medical examination reports of the petitioner and the victim from the professor of M.K.C.G. Medical College & Hospital Berhampur and subsequently on 29.07.1994 he handed over the charge of the investigation to Sub-Inspector of Police Harihar Swain (P.W 11) who on receipt of the direction of the Superintendent of Police, Ganjam submitted the charge sheet on 12.08.1994 under Sections 448/376/323/506 of the Indian Penal Code.

(3.) After the submission of charge sheet, the case was committed to the Court of Session after observing the due committal procedure and it was transferred to the learned Asst. Sessions Judge, Bhanjanagar for trial where the learned Trial Court framed charges against the petitioner and since the petitioner refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.