BENU @ BENUDHAR NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The day a woman can walk freely at midnight on the roads, that day we can say that India achieved independence.

(2.) The prosecution case, as per the First Information Report lodged by one Niranjan Nayak (P.W.13), the husband of the victim on 08.02.2008 before the Inspector-in-charge, Barbil Police Station is that on 06.02.2008 the victim, who is the wife of the informant had been to Badasahi Basti and was returning home at about 6.30 p.m. and while she was on the way, near a railway crossing, all on a sudden eight persons lifted her gagging her mouth and the victim could identify two of the culprits namely, Rintu @ Narottam Naik and the appellant out of the eight culprits. It is further stated in the First Information Report that the culprits committed gang rape on the victim. After returning from his work, the informant could not find the victim in the house and accordingly he proceeded to the house of his elder sister but there he got information that the victim had already left the house. The informant could locate the victim at Patra Sahi in Bolani Basti and found her crying. The victim narrated the incident before the informant and she also fell ill for which there was delay in giving information at the Police Station.

(3.) Pursuant to the non-bailable warrant of arrest, the appellant was arrested on 07.11.2009 and faced trial in the Court of Adhoc Additional Sessions Judge, Fast Track Court, Champua in S.T. Case No.51/296 of 2009. The learned Trial Court framed charge against the appellant on 04.02.2010 under section 376(2)(g) of the Indian Penal Code and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.