SATRUGHANA NAG Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
STATE OF ODISHA
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(1.) The appellant Satrughana Nag faced trial in the Court of learned Additional Sessions Judge, Titilagarh in Sessions Case No.62/22 of 1989 for offences punishable under sections 376/ 511, 354 and 457 of the Indian Penal Code. The learned trial Court vide impugned judgment and order dated 17.03.1990, found the appellant guilty of the offences charged and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.100/-, in default, to undergo R.I. for one month for the offence under section 376/511 of Indian Penal Code, R.I. for one year and to pay a fine of Rs.100/-, in default, to undergo R.I. for one month for the offence under section 457 of Indian Penal Code and both the sentences were directed to run concurrently. No separate sentence was awarded for the offence under section 354 of the Indian Penal Code.
This appeal was preferred on 04.05.1990 and the appellant was directed to be released on bail as per order dated 25.05.1990.
(2.) The prosecution case, as per the first information report (Ext.4) lodged by the victim (P.W.1) before the officer in charge of Titilagarh police station is that on 03.10.1989 at about 9.30 p.m. while she was sleeping with her younger brother Susil Nag on a cot in one room of her house and her elder brother Jubaraj Nag (P.W.3) and his elder brother's wife Jayanti Nag (P.W.2) were sleeping in the adjacent room, the appellant entered into the room where the victim was sleeping by opening the bamboo door of the victim's room, disrobed her saree and attempted to commit rape on her. Hearing hullah of the victim, P.Ws.2 and 3 came inside her room. The appellant tried to conceal himself underneath a raised platform inside the bed room but the victim as well as P.W.2 assaulted him by fire wood. Due to tussle of the appellant with the victim, the bangles of the victim were broken and were lying underneath the cot. Then the brothers of the appellant came and took him to their house.
(3.) On the basis of the first information report lodged, Titilagarh P.S. Case No.100 of 1989 was registered on 03.10.1989 under sections 457 and 354 of the Indian Penal Code. The officer in charge of Titilagarh Police Station directed P.W.7 Smt. Gitarani Panda, who was the W.S.I. of police to take up investigation of the case. During course of investigation, P.W.7 examined the victim (P.W.1) and other witnesses, visited the spot and also seized the pieces of fire wood (M.O.I and M.O.II), one gamuchha (M.O.III) and broken pieces of glass bangles (M.O.IV) vide seizure list Ext.5. The appellant was found hospitalized as an indoor patient at Titilagarh Government Hospital and after his discharge from the hospital, he was arrested on 17.10.1989 and forwarded to the Court. On completion of investigation, charge sheet was submitted against the appellant on 25.10.1989 for the offences under sections 457 and 354 of the Indian Penal Code. The learned Magistrate however took cognizance of the offences under sections 376/511, 354 and 457 of the Indian Penal Code and committed the case to the Court of Session for trial.;
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