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2021 Supreme(Ori) 358

S.K.PANIGRAHI
Debashis Ghosh – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Devashis Panda, Advocate, D.K. Naik, Advocate, D.K. Mohapatra, Advocate, S. Panda, Advocate, L. Samantaray, Advocate

JUDGMENT

S.K. Panigrahi, J. - The present application under Section 439 Cr.P.C.has been filed in connection with C.I.D. (C.B.) P.S. Case No.05 of 2020 (Raiboga P.S. Case No.41 of 2020) corresponding to Special G.R. Case No.88 of 2020 pending in the Court of the learned Additional District & Sessions Judge-cum-Special Judge, Sundargarh wherein the Petitioner is alleged to have committed an offence punishable under Sections 313/166/201/120(B), IPC read with Sections 17/21 of the POCSO Act and Section 3(2)(v) of the SC/ST (PA) Act.

2. The factual conspectus as narrated in the F.I.R., in brief, is that a minor girl aged about 13 years was produced before the Child Welfare Committee on 15.06.2020 by the Biramitrapur Police Station and was subsequently sent to the Open Shelter, Bisra. Since the victim girl had complained of pain, she was taken for treatment to Bisra C.H.C. and therefrom to Rourkela Government Hospital. During counseling, she disclosed that she was three months pregnant through her boy-friend named Sagar and her step-father, she was rescued by the Biramitrapur Police and a medical termination of pregnancy was performed on 15.06.2020 at Biramitrapur C.H.C. On 22.06.2020 as h

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