Pramod Kumar Behera @ Nanda vs State Of Odisha & Another

S.K. Panigrahi, J

This matter is taken up by hybrid mode.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner being in custody in connection with G.R. Case No. 35 of 2020 arising out of Rambha P.S. Case No.182 of 2020 pending in the court of learned Special Judge(POCSO)-cum-2nd Additional Sessions Judge, Berhampur, Ganjam for commission of offence under Section 376(3) IPC read with Section 4 of the POCSO Act has filed this bail application under Section 439 Cr.P.C. for his release on bail.

The prosecution case, in short, is that on 12.06.2020 at about 11.30 A.M., the present petitioner along with his friend called the prosecutrix, who is fourteen year-old girl, to one pond and subsequently took her to a hilly place and committed rape on her. But on seeing the arrival of the mother and other relatives of the informant, the petitioner fled from the spot. Thereafter, based on the allegation of the informant, the case was registered and investigation was taken up for the alleged offences.

Learned counsel for the petitioner submits that the petitioner has no role in commission of the alleged offences. He has been arrayed in this case falsely due to disputes between his family and the family of the informant. There are major contradictions between 161 and 164 Cr.P.C. statements of the victim girl which reflect that the case of the prosecution is filled with infirmities. The medical report also does not reveal any recent sexual assault on the victim. After completion of investigation, the charge sheet has been submitted The petitioner is in custody since 10.04.2021.

Learned counsel for the State vehemently opposed the bail of the petitioner placing the statement of the victim recorded under Section 164 Cr.P.C. wherein she has stated that the present petitioner called her to the village pond. Thereafter he along with another person took her to nearby jungle by a bike. The co-accused remained as bystander near the vehicle and the present petitioner forcibly dragged her inside the jungle, undressed her and committed sexual assault on her. From the medical report it is also revealed the presence of small tear in the vaginal canal of the victim and hymen has been ruptured.

In view of the aforesaid facts and circumstances, age of the victim, nature and gravity of the alleged offences and the severity of punishment prescribed for the same, this Court is not inclined to allow the bail application of the petitioner at this stage. Accordingly, the BLAPL is dismissed.

Issue urgent certified copy as per Rules.

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