JOGIA @ JOGENDRA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Prasanta Kishore Ray, learned Senior Counsel appearing for the petitioner and Mr. Arupananda Das, learned Additional Government Advocate appearing for the State.

(2.) This is an application under section 439 of Cr.P.C., 1973 in connection with T.R. Case No. 09 of 2015 arising out of Pipili P.S. Case No. 432 of 2014 pending in the Court of learned 1st Additional Sessions Judge-cum-Special Judge, Puri for offences punishable under sections 376(2)(i)(n), 294, 506, 323 read with sections 109 and 34 of the Indian Penal Code and sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act').

(3.) The victim who was a girl aged about 13 years lodged the first information report before the Inspector in charge of Pipili Police Station on 10.11.2014 alleging rape against the petitioner on eight occasions taking advantage of the silence of her parents. During course of investigation, the victim was medically examined and her statement under section 164 of Cr.P.C., 1973 was recorded and after completion of investigation, charge sheet was submitted against the petitioner and also the parents of the victim.