RANJEET SRIRAM Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner Ranjeet Sriram has filed this application under section 482 of the Cr.P.C. with a prayer to quash the impugned order dated 03.07.2012 passed by the learned Adhoc Addl. Sessions Judge (FTC), Gunupur in C.T. No. 34 of 2011 arising out of Gunupur P.S. Case No.15 of 2010 in rejecting his petition under section 227 of Cr.P.C. for discharge. In the said case, the petitioner has been charge sheeted under sections 493/417/312/313/506 of the Indian Penal Code.

(2.) The victim lodged the first information report before the Inspector-in-charge, Gunupur police station on 12.02.2010, wherein she alleged that the petitioner belonged to her village who was working at Bissamcuttack in the district of Rayagada on deputation as Court Guard. Since last two years, giving false assurance of marriage to the victim, the petitioner was cohabiting with her. In the month of March 2009, the victim came to know that she was pregnant as her monthly menstruation period was stopped. She requested the petitioner for marriage but the petitioner avoided saying that he had no time for marriage. The petitioner brought some medicine and compelled the victim to take it but when the victim refused, the petitioner forcibly administered it to the victim for which the pregnancy was aborted. The victim fell ill on account of such abortion and the petitioner told her not to disclose about the termination of pregnancy to anybody otherwise he would not marry her. It is further alleged in the first information report that on 21.01.2010 the petitioner again cohabitated with the victim during the night on the roof top. Similar thing happened on 24.01.2010 which was noticed by the sister-in-law of the victim. The petitioner requested the sister-in-law not to disclose about his affair with the victim as he would marry her. On 25.01.2010 the petitioner refused to marry the victim on being persuaded by his mother and elder sister and left for Bissamcuttack. The victim communicated the entire thing to her parents and they in turn told it to the village Panch members. When the petitioner was called by the Panch members for a discussion, he did not turn up rather told the victim over phone that he did not know her and that he would finish her and her entire family by throwing bombs. The matter was discussed in the village Panchayat and thereafter the victim lodged the first information report. On the basis of such F.I.R., Gunupur P.S. Case No.15 of 2010 was registered against the petitioner under sections 493/417/312/313/506 of the Indian Penal Code and during course of investigation, it came to light that the petitioner and the victim were in love and the petitioner who was working as APR Constable in Rayagada district put vermillion on the forehead of the victim in Gramadevi Temple, Gunupur and deceitfully induced her a belief of lawful marriage and thereafter the petitioner regularly cohabited with the victim for which the victim became pregnant. The other allegations which were brought by the victim against the petitioner were found to be correct. Some photographs of the petitioner and the victim were seized and on completion of investigation, as prima facie evidence was found against the petitioner, charge sheet was submitted on 16.07.2010.

(3.) After the commitment of the case to the Court of Session, the petitioner filed a petition under section 227 of Cr.P.C. to discharge him and it was contended that the ingredients of the offences are not attracted and the medical officer could not give any definite opinion regarding the pregnancy of the victim and its termination. The learned trial Court rejected such contentions raised by the petitioner on the ground that even though the medical report is cryptic but the statements of the witnesses make it clear relating to the pregnancy of the victim as well as termination of such pregnancy. Since the Medical Officer did not negative the fact that the victim was pregnant or that she aborted her pregnancy, the discharge petition filed by the petitioner was dismissed being devoid of merits.