GOUTAM SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Argument in this case was heard from both the sides on 14-5-1998 but as the petitioners wanted to cite some decisions, therefore, the case was adjourned. At the stage of hearing of the aforesaid case both the parties consented that this application should be disposed of at the stage of hearing on admission and accordingly both the parties participated and advanced arguments. On 29-6-1998 when the matter had been listed for further hearing i.e. for filing citations, both the parties did not appear. No citation was filed on behalf of the petitioners. Hence, order was passed to list this case today for judgment.

(2.) In this application u/S.482 of the Code of Criminal Procedure (in short 'The Code') the accused persons of I.C.C.Case No. 86/97 of the Court of J.M.F.C., Narsinghpur have challenged the legality and the correctness of the order of cognizance taken by the Magistrate vide the impugned order dt. 27-1-98. It reveals from the complaint petition and the statements of the complainant and her father who was examined as witness that allegations against the accused Goutam Sahu alias Gugul Sahu is that he developed intimacy with the complainant and married the complainant by exchange of garland in the village temple in presence of village gentlemen and thereafter took her to his house and they resided together as husband and wife. The further allegation against him is that they lived happily for some days and thereafter the accused asked her to bring Rs. 20,000/- from her father and also threatened to kill her in the case of returning empty handed and also manhandled her and drove her out from his house. Ultimately, the matter was brought to the notice of the caste people and the community people and all the accused persons (the petitioners) attended that meeting but refused to accept her on the ground that she is unchaste and not decent looking. Complainant has further alleged that because of the above conduct of the petitioners she has been defamed. In her statement she has further stated that prior to the aforesaid marriage in the temple also accused Goutam Sahu had enjoyed her sexually.

(3.) On the basis of the above noted statements in the complaint petition as well as the statements of witness learned J.M.F.C., recorded the finding that a prima facie case against Goutam Sahu is made out u/S.493, IPC and u/S.500, IPC against the rest of the accused persons. Accordingly he took cognizance of the offences and issued process directing for their appearance.