AKHAYA KUMAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this petition under Section 482 Criminal Procedure Code (for short the 'Cr. P.C.'), the petitioner seeks to quash the order dated 1-6-1996 passed by learned assistant Sessions Judge, Kendrapara framing charge under Sections 376 and 493 Indian Penal Code (for short the 'I. P. C.') against him on the ground that there was no evidence to satisfy any of the ingredients constituting the offence under any of the aforesaid sections.

(2.) The case was instituted on the basis of the complaint lodged on 2-4-1993 by one Sudarsan Sutar, who is a neighbour of the petitioner. It has been alleged that the petitioner took away his daughter Sasmita Sutar on 2-4-1993 by a scooter towards Kendrapara. In the evening while he was going to Sarpanch and others to report about the incident, he heard his daughter shouting from the Bari of the petitioner and found that the family members of the petitioner were assaulting her. However, on his intervention and on the intervention of the local people, his daughter was rescued. On the basis of the F.I.R. a case was started against the petitioner and his family members under Sections 366, 323, 506/34 I.P.C. The police submitted charge-sheet under Sections 376/366/493/506/324/323/34 I.P.C. against the petitioner, his father and two brothers. On commitment the Asst. Sessions Judge framed charges under Sections 366, 324, 376, 493/34 I.P.C. against the petitioner by order dated 1-6-1996. The petitioner assails the order of the learned Asst. Session Judge framing charges under Sections 376/493 I.P.C. against him.

(3.) During investigation the police recorded the statement of the victim girl, Sasmita Sutar under Section 161 Cr. P.C. on 2-4-1993 and her statement under Section 164 Cr. P.C. was recorded on 7-4-1993. The allegations against the petitioner are that the victim girl Sasmita was in love with the petitioner for the past many years and they cohabitated for the last six years on the assurance of the petitioner to the effect that he would marry her. In the mean time the petitioner married one Anusuya in the year 1991 and started living with her. After marriage the victim girl did not keep any relationship with the petitioner. But the petitioner persuaded her and assured to marry her. So the victim girl again submitted herself to sexual intercourse with the petitioner with false assurance of the petitioner to marry her till she became pregnant. The petitioner took the victim girl to Kandrapara hospital for abortion on 1-4-1993 and on the same day the petitioner went through some sort of marriage by putting vermilion on the forhead of the victim girl before "Pathakankani Thakurani Temple" and that took her to his house when the family members of the petitioner did not accept her and drove her away after assaulting her.