GOBINDA CHANDRA MALLIK Vs. STATE OF ODISHA
LAWS(ORI)-2021-3-20
HIGH COURT OF ORISSA
Decided on March 16,2021

Gobinda Chandra Mallik Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

S.K. Panigrahi,J. - (1.) The petitioner has filed the instant application under Section 439 of Cr.P.C. seeking bail in connection with Nikirai P.S. Case No.103 of 2020 corresponding to G.R. Case No.68 of 2020 pending before the learned Additional Sessions Judge-cum-Special Judge, Kendrapada. The petitioner herein is the accused in connection with alleged commission of offences punishable under Sections 341, 294, 506, 354-B read with Section 34 of I.P.C. and Section 12 of the POCSO Act, 2012.
(2.) The case of the prosecution is that on 18.08.2020 at about 7:00 P.M., the petitioner caught hold of the hand of the victim (aged about 11 years) while the latter was attending the call of nature. The petitioner dragged her to an under construction house where he inappropriately touched the private parts of the victim. The cousin of the victim witnessed the whole incident and she was threatened by the petitioner of committing a similar misconduct with her if she raises protest. Thereafter the matter was reported to local Sarpanch and on advice of the said Sarpanch, the FIR was lodged by the mother of the victim before the IIC, Nikirai P.S.
(3.) Heard Mr. Dharanidhar Nayak, learned Senior Counsel appearing for the petitioner and Mr. S. S. Kanungo, learned Additional Government Advocate for the State and perused the case records.;


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