STATE OF ODISHA Vs. LABA @ KALIA MANNA
HIGH COURT OF ORISSA
State Of Odisha
Laba @ Kalia Manna
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A. K. Mishra, J. -
(1.) Submission for confirmation of death sentence, a reference U/s.366 of the Code of Criminal Procedure (in short "Cr.P.C.") is to be addressed in this judgment along with appeal filed by the condemned prisoner who has been convicted U/s.302, 376(2)(i), and 376-A of the Indian Penal Code (in short "I.P.C.") and U/s.6 of the Protection of Children from Sexual Offences Act, 2012 (in short "POCSO") by the learned Addl. Sessions Judge-cum-Special Judge, Jagatsinghpur in Special G.R. (POCSO) No.32 of 2018 on 10.09.2019. The Special Court while awarding death sentence for offence U/s.302 I.P.C. has not passed any separate sentence for other offences.
(2.) The deceased shall be referred to hereinafter as victim in order to avoid the disclosure of identity as observed in the case of Bhupinder Sharma vrs. State of Himachal Pradesh, (2003) 8 SCC 551, that the mandate of not disclosing identities of the victims of sexual offences under Section 228-A of I.P.C. ought to be observed in spirit.
(3.) Prosecution Case:
The victim, a 9 years old girl, was found missing on 20.03.2018 at 3 P.M. in village Godaharishpur. The family members including her father, P.W.3 searched but could not trace her. On 21.03.2018 at 6:30 A.M., a co-villager Kabita Gayan (P.W.20) while going to attend call of nature in the nearby cashew nut field, found the dead body of the victim. She immediately informed Satyaranjan Jena (P.W.5), her brother, who in turn, informed to Sarpanch (P.W.4). The father of the victim was informed. They all approached the spot and saw the dead body of the victim in naked condition. Injuries were found on her body including private part.
The father (P.W.3) lodged F.I.R. (Ext.1/1) against unknown culprit, scribed by P.W.5. The said F.I.R. was registered as Ersama P.S. Case No.42 of 2018. The investigation was undertaken by the I.I.C. (P.W.22) who swung into action to gather evidence. The spot was visited by the Executive Magistrate and members of the scientific team. The sniffer dog was deployed who led into the house of accused. The accused was not present then. The photographs of the victim at spot were taken, inquest over the dead body was made vide Ext.2. The cadaver was despatched for post mortem by issuing dead body challan (Ext.20).
In the meantime P.W.10 and P.W.18 found accused leaving the village hurriedly having attire stained with dust and blood. The accused was apprehended on 21.3.2018 at 11 P.M. at Badambadi bus stand by the police in presence of witnesses. He made confessional statement under Ext.11 and gave recovery of one gray colour chaddi stained with semen which was concealed under leaves at a distance from the spot. The same was seized under Exdt.12 at 10 A.M. The statement of two witnesses, P.W.6 and P.W.7 who had seen accused taking the victim last time on the occurrence day at about 3 to 4 P.M., were recorded U/s.164 Cr.P.C. vide Ext.3 and Ext.4 respectively. The accused was examined by the doctor P.W.24. He was found sexually potent vide Ext.30. The post mortem of the victim was conducted by P.W.21 on 22.3.2018 vide Ext.15 who found the death homicidal in nature. The wearing apparel of the deceased and accused, biological sample and the seized chaddi were sent for chemical examination. The said report was received vide Ext.28 confirming that the seized gray colour chaddi had semen stain. After completion of investigation charge sheet was submitted. Learned Special Judge took cognizance for offence U/s.302, 376(2)(i) and 376 of I.P.C. and U/s.6 of the POCSO Act.;
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