STATE OF ORISSA Vs. RAMAHARI PADHI

JUDGEMENT

(1.) A proceeding has been started against the opposite party Ramahari Padhi for concellation of his bail allOwed by the Sub- Divisional Judicial Magistrate, Bhubaneswer by his order dated 30.1.1988 passed in G.R. Case No. 227 of 1988. The relevant facts may be briefly, stated: According to the first information report, registered in the Badagada police-station, Bhubaneswer, on 28.1.1988 under the directions of the Superintendent of Police, Bhubaneswar the accused- opposite party Ramahari Padhi wrongfully confined the victim girl Saraswati Dei and committed rape on her on the verandah of Badagada police-station in the night of 3.12.1987.

(2.) Undisputedly, the accused was the Inspector-in-charge of Badagada police-station in the month of December, 1987, According to the allegation of the prosecutrix, she had cone to Bhubaneswar with one Gobinda Sahu for appearing at the Matriculation examination from her village and was staying in the house of one Krushna Behera at Daadhiakhal under Badagada police-station. It has been alleged that the accused brought Gobinda to the police-station on 2.12.1987 and lodged him in the police lock-up till 4.12.1987 without making any entry anywhere. While Gobinda was thus confined in the hazat, in the night of 3.12.1987 the accused-Inspector of Police went to the house of Krushna Behera on his scooter and brought the victim girl to the police-station with him. She has made the following allegations in the first information report:Krushna Behera had asked her to obey the Inspector (Bada Babu). On reaching the police- station, he called her and took her near the boundary wall. There he undressed himself and kept all his wearing apparels near the motor-cycle. He then forcibly made her sleep on the verandah and untied her pantie. Thereafter he knelt down and put her legs on his thighs and squeezed her breasts. Then he forcibly pressed her down and committed ATYACHART on her. At that time she was crying, but was threatened not to shout. After about 30 minutes she was let free and handed over to Krushna Behera to take her away and again bring her to his (accusedTs) house the next day at 11 oclock. On these allegations in the first information report, which was submitted by the victim girl to the Deputy Superintendent of Police, Bhubaneswar, the Deputy Superintendent had directed for recording a case under sections 376/342 I.P.C. against the accused-Inspector Ramahari Padhi and accordingly a case was registered. In the forwarding letter to the Sub-Divisional Judicial Magistrate, the Deputy Superintendent of Police has also stated that the case under section 376 I.P.C. was made out against the accused.

(3.) On 3-1-1988, the accused was produced in the court of the Sub-Divisional Judicial Magistrate on being arrested by the Sub Inspector of Police, Bhubaneswar police-station. The Magistrate ordered for remand of the accused to jail custody till 12-2-1988 directing the Investigating Officer to submit the final form by that date. However, on the same day, an application for bail was filed on behalf of the accused which was heard forthwith and the -accused was granted bail. The Magistrate in his order has given the following reasons for granting the bail: