S.K. Sahoo, J. - (1.) THE appellant faced trial for offences punishable under Section 376(2)(f) of Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereafter for short 'POCSO Act') in the Court of Special Judge, Gajapati, Parlakhemundi in G.R. Case No. 60 of 2013 for committing rape and penetrative sexual assault on Miss 'S' (hereafter 'the victim') on 12.12.2013 at 3.40 p.m. in the Government Quarters of Revenue Department, Adava. The learned trial Court vide impugned judgment and order dated 19/21.11.2014 found the appellant guilty under Section 376(2)(i) of Indian Penal Code read with Section 4 of POCSO Act and accordingly convicted him of such offences and sentenced him to undergo imprisonment for life with a further direction that he shall not be released from custody till he completed 16 years in custody and also imposed fine of Rs. 30,000/ -, in default, to undergo rigorous imprisonment for one year.
(2.) THE prosecution case, as per the first informant report lodged by one Saroj Kumar Nayak (P.W.2), the father of the victim before Inspector -in -charge, Adava Police Station, Gajapati is that the informant was working as FRC Amin and since last five years he was staying with his family in the Government Quarters of Revenue Department which was situated near Adava Grama Panchayat. The appellant was also working with the informant in the same department and was staying in the neighborhood in another Government quarters. On 12.12.2013 at about 3.40 p.m., the appellant called the victim who was aged about five years to his house. The victim accompanied the appellant to his house. The appellant committed rape on the victim for which the victim cried and came out of the house of the appellant. At that time the wife of the informant marked semen stains over the private parts as well as on the thighs of the victim. The wife of the informant informed him about the incident for which the informant returned back home and found the incident to be true and accordingly he lodged the first information report. On the basis of such report lodged by P.W.2, the Inspector -in -charge of Adava Police Station registered Adava P.S. Case No. 48 of 2013 dated 14.12.2013 under Section 376(2)(f) Indian Penal Code against the appellant and directed P.W.13 Sunil Kumar Saraf, Sub -Inspector of Police to investigate the matter. P.W.13 examined the informant and other witnesses and seized the wearing apparels of the victim on being produced by her mother as per seizure list Ext. 4. On 15.12.2013 he visited the house of the appellant as well as the informant and prepared the spot map Ext. 10. He sent the victim as well as the appellant who was apprehended on 16.12.2013 to M.K.C.G. Medical college and Hospital, Berhampur for their medical examination. The wearing apparels of the appellant were also seized under seizure list Ext. 1. The biological materials of the victim and the appellant collected by medical officers in sealed packets were seized. The school admission register and attendance register of Government U.P. School of Adava where the victim was reading and the birth certificate of the victim were seized under seizure list Ext. 7. P.W.14 who was the Inspector -in -charge of Adava Police Station, took up the charge of investigation from P.W.13, received the medical reports of both the appellant and victim and after completion of investigation submitted charge -sheet against the appellant under Section 376(2)(f) read with Section 4 of the POCSO Act. The defence plea of the appellant was one of denial and it was pleaded that due to official dispute between him and the informant, he had been falsely entangled in the case by the informant.
(3.) IN order to prove its case, the prosecution examined fourteen witnesses. P.W.1 P. Mohan Rao was the constable attached to Adava Police Station who is a witness to the seizure of wearing apparels of the appellant under seizure list Ext. 1 and sealed envelopes containing biological samples of the appellant as well as the victim collected by Medical Officer under seizure list Ext. 2. P.W.2 Saroj Kumar Naik is the informant in the case who is also the father of the victim and he stated to have heard about the incident not only from his wife but also from the victim daughter. P.W.3 Martina Naik is the mother of the victim and she also stated about the incident which she heard from her victim daughter. She is a witness to the seizure of wearing apparels of the victim under seizure list Ext. 4. P.W.4 is the victim who stated about the incident. P.W.5 Debananda Bardhan stated to have visited the house of the informant after hearing from him about the incident. He found the victim crying and also noticed rape symptoms on the person of the victim. P.W.6 Prafulla Kumar Nayak stated to have visited the house of the informant where the wife of the informant stated him about the occurrence. P.W.7 Dr. Sandeep Das examined the victim at M.K.C.G. Medical College and Hospital, Berhampur and proved his report Ext. 5. P.W.8 Dr. Niranjan Sahoo examined the appellant at M.K.C.G. Medical College and Hospital, Berhampur and proved his report Ext. 6. P.W.9 Smt. Renu Behera was the Head mistress of Adava M.E. School who stated about the seizure of school admission register, attendance register and date of birth certificate of the victim under seizure list Ext. 7. She stated to have issued the birth certificate Ext. 8 as per the entry made in the school admission register. She took the school admission register as well as attendance register in her zima as per zimanama vide Ext. 9. P.W.10 Smt. Sarala Dalapati and P.W.11 Smt. Swapna Das were the Asst. Teachers attached to Adava M.E. School who stated about the seizure of school documents under seizure list Ext. 7. P.W.12 Benjamin Nayak stated to have visited the house of the informant and heard about the incident from the informant. P.W.13 Sunil Kumar Saraf is the Investigating Officer. P.W.14 Onam Lakra was the Inspector -in -charge of Adava Police Station who is also another Investigating Officer of the case. The prosecution exhibited ten documents. Ext. 1, 2, 4, 7 are the seizure lists, Ext. 3 is the plain paper FIR, Exts. 5 and 6 are Medical Examination Reports of the victim and the appellant respectively, Ext. 8 is the birth certificate of the victim, Ext. 9 is the zimanama and Ext. 10 is the spot map. The defence exhibited one document. Ext. A is the command certificate.;