SANTHA CHARAN PATTNAIK Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
Santha Charan Pattnaik
STATE OF ODISHA
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C. R. Dash, J. -
(1.) Convict is the Appellant. He was convicted for the offences under Sections 302/376, I.P.C. and was sentenced to suffer imprisonment for life and R.I. for seven years with fine of Rs.10,000/- (ten thousand), in default, to suffer further R.I. for two years respectively with a direction for both the sentences to run concurrently. Hence this Appeal.
(2.) It happened on 30.09.2008. The spot is the Government Prakalpa (Project) U.P. School at village Nimina under Polasara Police Station in the district of Ganjam. A girl student of Class-VII of that school, aged about 12 years, was seen lying unconscious in the Girls' Urinal by two girl students, namely Kumari Tapaswini Sahu (P.W.7) and Kumari Nandini Behera (P.W.16) when they had gone there to attend the call of nature. They found marks of injuries on her face and neck. It was about 11.30 A.M. then. Both of them immediately rushed to the Headmaster (P.W.10) of the school to report about the incident. There was hue and cry in the school. The body of the girl was brought to the school verandah for first aid nursing.
Some students of the school informed the matter in the house of the victim girl, before Smt. Sanjukta Sahu (P.W.8), the mother of the victim girl. The girl's father namely Biranchi Narayan Sahu (P.W.1), who had gone to the house of one Lingaraj Sahu (P.W.29) to work as a Mason, also got information about the incident and rushed to the school along with said Lingaraj Sahu (P.W.29) and his son Mrutyunjay Sahu (P.W.2). By that time some villagers had already arrived at the spot. All of them decided to take the girl to the hospital, but later on they decided to take the body of the girl to her house. Ram Chandra Sahu (P.W.4), who is agnatic brother of P.W.1, put the unconscious body of the girl on his shoulder and took her to her house followed by the villagers and other teachers of the school.
In her house, her mother (P.W.8) when lifted the frock worn by the girl, found her panty to be stained with profuse bleeding. The villagers present there also felt that there was no life in the body of the girl. Again they brought the body of the girl to the school verandah. By that time some more villagers had already gathered at the spot (school). They manhandled the male teachers of the school present on that day, namely the Appellant - Santha Charan Pattnaik, Headmaster Biswanath Gouda (P.W.10) and Asst. Teacher Durga Prasad Sahu (P.W.11). As the Headmaster (P.W.10) had already telephoned the B.D.O., Polasara, police arrived at the spot in the afternoon. Police team rescued the teachers from the hands of the villagers.
P.W.1, the father of the deceased lodged F.I.R. suspecting the Assistant Teacher Durga Prasad Sahu (P.W.11) to be the perpetrator of the crime, as said Durga Prasad Sahu had passed lewd comments with sexual overtures against the deceased girl six months back.
The Police took up investigation immediately, visited the spot, examined some witnesses and took all the male teachers of the school to the Police Station along with them for interrogation.
On 03.10.2008, between 8.00 P.M. to 10.00 P.M. the Appellant is alleged to have confessed his guilt before the Police while he was in the Hazat of the Police, in presence of some witnesses. Accordingly investigation was taken up with the Appellant to be the main culprit and perpetrator of the crime. The Appellant along with two other male teachers, i.e. P.Ws.10 and 11 were sent for medical examination, the dead body was challaned to the M.K.C.G. Medical College & Hospital, Berhampur for Post-Mortem. Different incriminating seizures were made and witnesses were examined in course of the investigation. On completion of investigation, charge-sheet was filed against the Appellant under Sections 376/302, I.P.C. citing the Assistant Teacher Durga Prasad Sahu as a witness, though F.I.R. was lodged originally against him.
(3.) In the trial, the accused pleaded not guilty to the charges and claimed to be tried.;
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