RAMESH CHANDRA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Ramesh Chandra Sahoo faced trial in the Court of learned Addl. Sessions Judge (F.T.C.), Athagarh in Sessions Trial No. 435 of 2006 for offences punishable under sections 366/376 of the Indian Penal Code on the accusation that on 16.01.2006 he kidnapped the victim with an intent that she would be compelled to marry against her will and also committed rape on her.

(2.) The prosecution case, in short, is that the appellant is the paternal uncle of the victim being the younger brother of the father of the victim. On 16.01.2016 in the early morning while the victim had been to the backyard of her house to bring water, the appellant came there and induced the victim to visit the house of her aunt situated at Angul. When the victim told the appellant that without the consent of her parents, she could not accompany him, the appellant told the victim that her parents would never agree and accordingly, the victim accompanied the appellant and they went first to Dhenkanal where they stayed in the house of a friend of the appellant for four to five days. Then the appellant took the victim to the house of the sister of his friend and kept there for three to four days and then they stayed in a rented house in another place and while they were staying in the rented house, the appellant cohabited with the victim twice.

(3.) After submission of charge sheet, the case was committed to the Court of Session after complying due committal procedure, where the learned trial Court framed the charges as aforesaid against the appellant on 05.01.2007. Since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to establish his guilty.