PANCHU SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The captioned appeal is filed challenging the judgment of conviction and sentence passed by the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur in G.R. Case No. 23 of 2013 for the offence under section 376(2) (i) of I.P.C. read with section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act") .

(2.) The unshorn details of the prosecution case is that on 31.5.2013 at about 6.00 a.m. the informant Chanchala Jena along with his son had been to a feast by leaving the victim girl aged about 12 years old in the house. The husband of the informant had also left the house to deposit electric bill. So, taking advantage of loneliness of the victim the appellant entered into their house and committed forcible rape on the 12 years old victim girl after tearing her wearing apparel. During the occurrence the father of the victim girl returned home. When father of the victim girl returned home, the appellant seeing him fled away after criminally intimidating the victim and her father. The informant after returning to the home came to know about the incident from the victim and her husband. On 3.6.2013 the informant lodged F.I.R. before the I.I.C., Aska Police station, after which the investigation swung to action. During investigation the police examined the witnesses, the victim girl was examined by the doctor on police requisition, the police prepared spot map, examined the witnesses including the victim and sent the appellant for medical examination.

(3.) The plea of the appellant as revealed from the statement recorded under section 313 of Cr.P.C. and the suggestion given during cross-examination to the prosecution witnesses, is squarely denial to the occurrence and he has been falsely implicated in this case due to previous enmity with the husband of the victim and he pleads innocence.