BHIKU ORAM AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants Bhiku Oram, Ghuran Oram, Bhutna Oram @ Shivanath Oram and Raswal Oram faced trial in the Court of learned Addl. Sessions Judge, Fast Track Court, Rourkela in Sessions Trial Case No. 115/36 of 2009 for offence punishable under section 376(2)(g) of the Indian Penal Code on the accusation that in between 9.00 p.m. of 5th April 2009 and 2.00 a.m. of 6th April 2009, they committed gang rape of the victim (P.W.10) at village Bagdega, Padia toli situated under Bisra police station in the district of Sundargarh.

(2.) The law was set into motion by P.W.13 Sundra Oram, the father of the victim with the presentation of the first information report before the Inspector in charge of Bisra Police Station on 08.04.2009, on the basis of which Bisra P.S. Case No.23 of 2009 was registered under section 376(2)(g) of the Indian Penal Code.

(3.) After registration of the case by the Inspector in charge of Bisra police station, P.W.14 Panchanan Naik, Subinspector of police was directed to take up investigation of the case. During course of investigation, P.W.14 visited the spot and examined the victim and other witnesses. He seized the vaginal swab, pubic hair collected by the Medical Officer under seizure list Ext.6. He also seized the wearing apparel of the victim girl under seizure list Ext.7 and prepared the spot map Ext.14 and the appellants were arrested on 10.04.2009 and they were also sent for medical examination on 11.04.2009. The I.O. seized the sample blood, semen collected by the Medical Officer, Rourkela under seizure list Ext.4 and he also seized the wearing apparels of appellant no.1 Bhiku Oram under seizure list Ext.4. The wearing apparels of the other appellants were also seized. The I.O. received the medical opinion from the Medical Officer in respect of the appellants and made a prayer to the learned S.D.J.M., Panposh for sending the material objects for chemical analysis and after completion of investigation, he submitted charge sheet under sections 366/376(2)(g) of the Indian Penal Code on 06.08.2009.