HARIA @ HRUSHIKESH SETHI Vs. STATE OF ORISSA
LAWS(ORI)-2017-10-90
HIGH COURT OF ORISSA
Decided on October 26,2017

Haria @ Hrushikesh Sethi Appellant
VERSUS
STATE OF ORISSA Respondents

JUDGEMENT

D. P. Choudhury, J. - (1.) This appeal is directed against the judgment of conviction and order of sentence dated 20.03.2013 passed by the learned Sessions Judge, Balasore in Sessions Trial No.144 of 2012 under Section 450 and 376 of the Indian Penal Code.
(2.) The adumbrated facts leading to the case of the prosecution is that on 14.4.2002 the mother of the victim girl had gone to Swarnamani Nodal U.P. School to prepare the Midday Meal and the father of the victim had gone outside for work. It is alleged inter alia that on that date at 9.00 A.M. the appellant went to the house of the victim and finding absence of the parents, made the victim undressed and committed sexual intercourse with her forcibly and after commission of offence left the house of the victim. While he was coming out of the house the witnesses have seen his departure. The parents came at 12.30 P.M. and victim narrated the incident to them. The parents called the meeting in the village and as per instruction of the villagers, the father of the victim lodged the F.I.R. on the same day.
(3.) During investigation, Police examined the witnesses and sent the victim and the appellant for medical examination. Police also seized the wearing apparels of the victim and vaginal swab of the victim collected by the doctor. During investigation, Police seized the semen of the appellant collected by the doctor. Then Police sent all the seized materials to the State Forensic Laboratory for chemical examination. After completion of investigation, charge-sheet was submitted.;


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