G.ACHYUT KUMAR Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
STATE OF ODISHA
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S K Panigrahi, J. -
(1.) The Present Application seeks to challenge the order dated 11.12.2019 passed by the Ld. Sessions Judge-cum-Special Judge, Koraput-Jeypore in G.R.Case No.1013 of 2019 wherein the prayer for bail was rejected. The Appellant herein is the accused in connection with alleged commission of offences punishable under Sections 493/376 of I.P.C. read with Section 3 (2)(v) of SC & ST (PoA) Act, 2015 which, subsequently, turned to be a case under Sections 493/313/376 of I.P.C. read with Section 3 (2)(v) of SC & ST (PoA) Act, 2015.
(2.) The allegations in the F.I.R. are summarized below:
(a) The complainant victim Ms. X, aged about 19, belongs to ST community lodged a complaint on 27.11.2019 before the Police Station Patangi, District-Koraput. The content of the complaint as set out implicates the accused for committing the offences punishable under Sections 493/313/376 of I.P.C. read with Section 3 (2)(v) of SC & ST (PoA) Act, 2015.
(b)According to her complaint, the appellant and the victim are the resident of the same village and known to each other. The Appellant had given her a mobile phone for facilitating regular communication and he had taken her for outing on a few occasions.
(c)Appellant promised to marry the victim and taking advantage of her innocence, he established sexual relationship with her. In the meanwhile, the victim got pregnant twice and the accused got the pregnancy terminated by administering some medicine. These facts are appropriately reflected in the statement recorded under Section 161 of Cr. P.C.
(3.) Heard Sri D.P. Dhal, Ld. Sr Counsel appearing for appellant and Sri Mr. Sangram Keshari Mishra, Addl. Standing Counsel for respondent and perused the case records.;
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