BIPIN BHOI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant Bipin Bhoi faced trial in the Court of learned Addl. Sessions Judge -cum- Judge, Special Court (POCSO), Dhenkanal in C.T. (Spl.) POCSO Case No.11 of 2015 for commission of offences punishable under sections 376(2)(i) and 506 (Part-I) of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act'). The learned trial Court vide impugned judgment and order dated 30.08.2018 found the appellant guilty of the offences charged and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.25,000/- (rupees twenty five thousand), in default, to undergo further imprisonment for six months under section 6 of the POCSO Act and rigorous imprisonment for one year for the offence under section 506 (Part-I) of the Indian Penal Code and both the sentences were directed to run concurrently. No separate sentence was awarded for the offence under section 376(2)(i) of the Indian Penal Code in view of the provision under section 42 of the POCSO Act

(2.) The prosecution case, in short, is that on 05.04.2015 at about 10.00 a.m., the victim (P.W.1), who is a minor girl aged about twelve years had been to take bath to the nearby village tank and at that time, the appellant came there and lifted her to the Amari bush and there he made her lie down on the ground, removed her panti and committed rape on her. While leaving the place of occurrence, the appellant threatened the victim to kill her, if she would disclose the matter before anybody. While the victim was returning back home from the spot, the appellant was following her, but seeing the mother (P.W.2) of the victim, he fled away. The victim narrated about the occurrence before her mother.

(3.) After submission of charge sheet and commitment of the case to the Court of Session, the learned trial Court on 31.03.2016 framed the charges against the appellant as already stated and since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.