DAMODAR DAS @ BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Damodar Das @ Bhoi faced trial in the Court of the learned Asst. Sessions Judge (Special Track) , Puri in S.T. Case No.8/158/336 of 2013/2011 for commission of offences under sections 366/376(2) (f) /506 of the Indian Penal Code on the accusation that on 27.05.2011 at about 11.00 p.m he kidnapped the victim who was aged about 12 years, with intent that she might be forced to illicit intercourse and committed rape on the victim and also committed criminal intimidation by threatening the victim to kill with injury to her person.

(2.) The prosecution case, as per the First Information Report submitted by P.W.4 Dhaneswar Sahoo, the father of the victim on 28.05.2011 before I.I.C, Sadar police station, Puri is that a marriage procession was going in front of the house of the informant on 27.05.2011 at about 11.00 p.m. which is situated in village Kashi Haripur and the victim who was aged about 12 years was standing in front of her house and watching the procession. The brother of the victim namely Niranjan left with the marriage procession and at that time, the appellant came in a motorcycle and took the victim towards Chandanpur and in an isolated place, he committed rape on her forcibly. When the victim shouted, some persons arrived there for which the appellant left the spot. The victim was brought to the house by some persons and she was found in a critical condition. The appellant threatened that in case the incident is disclosed, the victim would be killed by throwing bomb.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure where the learned trial Court charged the appellant under sections 366/376(2) (f) /506 of the Indian Penal Code and since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.