STATE OF ORISSA Vs. RAMHARI PADHI

JUDGEMENT

(1.) While functioning as the Officer-in-charge of the Moroda Police Station in the district of Mayurbhanj, the respondent stood his trial in the Court of Session being charged under section 376 of the Indian Penal Code (for short, the CodeT) for having committed rape on Bad Dei alias Bindhani during the night of October 27/28. 1980, at the Chitrada Police Out-post. The respondent, it was alleged, accompanied by some other police officials, came in a jeep to the house of Ban in connection with a reported incident regarding assault on some police officials which had occurred on October 26, 1980 and took her, her uncle Parameswar and some others of her village to the Police Out-Post at Chitrada for interrogation. Ban was kept at the northern end while the others who had been taken to the Police Out-Post were kept at the southern end of the eastern verandah of the Police Out-Post. The respondent went to Bad at about 3.00 A.M., woke her up and caned her to accompany him, but when she did not agree, he pulled her by his hands and forcibly led her to the verandah of a lonely thatched house situated to the east of the Police Out-Post and committed rape on her. The next morning, the respondent sent the lady to the village tank escorted by a Police Constable where the lady took her bath and returned to the Police Out-Post and then she was sent to the hospital at Kisantandi for her medical examination being escorted by a Police Constable. On return to her village on October 29, 1980, she complained about the occurrence to her fathers brothers wife (P.W. 2) in whose house she had been residing then. Kasinath Soren (P.W. 5) took the lady to Baripada and got her medically examined in the clinic of a private medical, practioner (P.W. 3). The victim lady made a petition of complaint in the court of the Sub-Divisional Judicial Magistrate, Baripada, on November 4, 1980. After enquiry, cognizance was taken and the respondent was prosecuted and committed to the Court of Session to stand his trial.

(2.) To bring home the charge, the prosecution had examined six witnesses of whom, Ban Dei (P.W. 1) was the alleged victim of sexual assault and P.W. 3 was the private doctor who had examined her. Ramhari Hansda (P.W. 4) who had accompanied P.W. 1 had spoken about what he had seen and heard during the night of occurrence. The respondents plea was one of denial and false implication because of the action taken by him against P.W. 1 in connection with the investigation of the case registered against P.W. I and others for having assaulted police officials. He had examined four witnesses in his defence including a doctor (D.W. 1) who had examined P.W. 1 and the Circle Inspector of Police (D.W. 4) who had been camping in the same Police Out-Post during the night of occurrence.

(3.) On a consideration of the evidence the learned trial judge found that the charge had not been substantiated. Accordingly, an order of acquittal was recorded.