BHISMA CHARAN PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Bhisma Charan Pradhan faced trial in the Court of learned Adhoc Addl. Sessions Judge, Fast Track Court No. 1, Phulbani in Sessions Trial Case No. 107/40 of 2009 for offences punishable under Sections 376 (2) (f) and 506 of the Indian Penal Code on the accusation that on 07.03.2009 in between 10 a.m. to 11.00 p.m., he committed rape on the victim girl who was under the age of 12 years in his betel shop situated at Chanchedi Chhak under Raikia Police Station in the district of Kandhamal and also committed criminal intimidation by threatening the victim with injury to her person with intent to cause alarm to her. The learned Trial Court vide impugned judgment and order dated 31.10.2009 though acquitted the appellant of the charge under Section 506 of the Indian Penal Code but found him guilty under Section 376 (1) of the Indian Penal Code and sentenced him to undergo R.I. for seven years and to pay a fine of Rs. 10,000/- (rupees ten thousand), in default, to undergo further rigorous imprisonment for six months more

(2.) The prosecution case, as per the first information lodged by the victim is that on 7th March, 2009 at about 10.00 a.m. while the victim (P. W.2) had been to the shop of the appellant to purchase soap, nobody was present nearby. The appellant finding the victim alone lifted her inside his cabin by putting his hand on her mouth and threatened her with dire consequence and forcibly committed rape on the victim and at about 11 p.m. left her on the road. The victim went to the house of Bina Digal (P.W.5) who was residing nearer to the cabin of the appellant who left the victim in her house. Out of fear, initially the victim did not disclose about the occurrence to her family members but when she felt severe pain, she disclosed about the occurrence to her parents on 08.03.2009 and accordingly the F.I.R. was lodged. On the basis of such first information report, P.W. 8 Mamata Pati who was the officer in charge of Raikia Police Station, registered Raikia PS. Case No.07 of 2009 on 08.03.2009 under Sections 376/506 of the Indian Penal Code and took up investigation of the case. During course of investigation, she examined the victim, seized her wearing apparels under seizure list Ext.1/3 and sent the victim for medical examination to C.H.C., Raikia. P.W. 8 then visited the spot and prepared the spot map, arrested the appellant and seized his wearing apparels under seizure list Ext.4/2 and he was also sent for Medical examination to C.H.C., Raikia. On the prayer of the I.O., the 164 Cr.P.C. statement of the victim was recorded. On the requisition of the I.O., the Headmaster of Pajimaha U.P. School where the victim was prosecuting her studies supplied the Xerox copy of the admission register wherein the date of birth of the victim was mentioned as 07.07.1997. On the prayer of the I.O., the wearing apparels of the appellant as well as that of the victim were sent for chemical examination to S.F.S.L., Rasulgarh, Bhubaneswar. P.W. 8 made a query to the Medical Officer regarding the injury and other particulars of the appellant and received the report. The victim was sent to the F.M.T. Department of Medical College, Berhampur for her further examination. The biological samples of the appellant and the victim were also collected and seized and those were also sent to S.F.S.L., Rasulgarh, Bhubaneswar. P.W. 8 received the chemical report and on completion of investigation, charge sheet was submitted against the appellant on 06.09.2009 under Sections 376 (2) (f)/506 of the Indian Penal Code.

(3.) After submission of charge sheet, the case of the appellant was committed to the Court of Session after observing due committal procedure and the case was made over to the learned Trial Court for disposal in accordance with law where the learned Trial Judge charged the appellant under Sections 376 (2) (f) and 506 of the Indian Penal Code on 27.08.2009 and since the appellant refuted the charge, pleaded guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.