MANGAL TUDU Vs. STATE OF ORISSA
LAWS(ORI)-2018-5-25
HIGH COURT OF ORISSA
Decided on May 01,2018

Mangal Tudu Appellant
VERSUS
STATE OF ORISSA Respondents


Referred Judgements :-

KING V. BASKERVILLE [REFERRED TO]
RAMESHWAR S O KALYAN SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
GURCHARAN SINGH VS. STATE OF HARYANA [REFERRED TO]
KRISHAN LAL VS. STATE OF HARYANA [REFERRED TO]


JUDGEMENT

D.P.Choudhury, J. - (1.)This Jail Criminal Appeal is filed by the appellant from Jail assailing the judgment of conviction and sentence passed under Section 376(2) (i) of the Indian Penal Code (hereinafter called as "I.P.C.") and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short "the POCSO Act?) by the learned Sessions-cum-Special Judge, Mayurbhanj, Baripada in G.R. Case No.246 of 2013/T.C. No.48 of 2013 sentencing him to undergo R.I. for ten years and to pay fine of Rs.10, 000/- (Rupees Ten Thousand) and in default of payment of fine, further R.I. for a period of six months more on each count for the offence under Section 376(2) (i) of IPC and Section 4 of the POCSO Act.
(2.)The unfolded story of the case of the prosecution is that on 18.2013 at about 8.00 pm, while the daughter of the informant had gone to forest to bring wood, the appellant caught hold her and forcibly ravished her against her consent. When she did not return, the informant went to search her daughter and found her inside the jungle and she informed that she has been raped by the appellant. Thereafter, the informant brought his daughter and got her treated at the hospital. Then, he came to the police station and lodged FIR. Police registered the case and started investigation. During investigation, police received the medical examination report of the victim and the appellant, examined the witnesses including the victim girl, seized the wearing apparels of the victim and the appellant and sent the same for chemical examination. During investigation, police also recorded the statement of the victim under Section 161 Cr.P.C. During investigation, police visited the spot, made inquest over the dead body of the deceased persons and sent the same for post-mortem examination, examined the witnesses, seized the weapon of offence and wearing apparels of the deceased and after completion of the investigation, submitted charge sheet.
(3.)The plea of the appellant is quite denial of the charges levelled against him.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.