GHANSYAM BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Tripathy on behalf of Mr. Dhal, Learned Counsel for the Petitioner, Mr. Sahoo for the informant and Mr. Pattanaik, Learned A.S.C.

(2.) The Petitioner, in this revision, has prayed for setting aside the Order dated 15.11.2006 passed in S.T. Case No. 44/46 of 2006 whereby the Learned Asst. Sessions Judge, Kendrapara has framed charge against the Petitioner under Sec. 376/506 Indian Penal Code.

(3.) Counsel for the Petitioner submits at the time of alleged incident Petitioner was aged about 79 years. He is having partial impotence. His penile erection cannot be sustained for more than few seconds. The Petitioner is not capable of sexual intercourse. Therefore, the Petitioner may be discharged from the above offence. To this, Learned Counsel for the informant submits that the truthfulness of the aforesaid aspects shall be considered at the time of trial. The Petitioner cannot take benefit of the same now.