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2021 Supreme(Ori) 385

S.K.PANIGRAHI
Trinath Harijan @ Majhi @ Dibyaranjan Sethia – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
M/S Sibo Sankar Mishra, Satyabrata Mohanty, Tapan Kumar Kemala and Ghanasyam Muduli, for the Appellant; Additional Government Advocate, Mr. S.S. Mohapatra, Additional Standing Counsel (For State):M/s. Dibya Jyoti Sahoo, Amit Prasad Bose and A. Pattnaik, for the Respondent.

JUDGMENT

1. The petitioner has filed the instant application under Section 439 of Cr.P.C seeking bail in connection with Borigumma P.S. Case No.144 of 2019 dated 07.10.2019 corresponding to T.R. Case No.10 of 2020 (G.R. Case No. 846 of 2019) pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Jeypore, Koraput. The petitioner herein is the accused in connection with alleged commission of offences punishable under Sections 376(2)(n), 376(3) and 417 of I.P.C. read with Section 6 of the POCSO Act, 2012.

2. The case of the prosecution is that complainant (Nanda Harijan) has accused the petitioner of sexually assaulting the former's daughter. The victim is a 14 years-old minor girl studying in Standard-IX at Kasturba Gandhi Vidyalaya. When the petitioner was staying in the house of Purusottam Harijan, the victim was sexually assaulted by the petitioner several times by false assurance of marriage and by giving temptation of monetary offer. As a result of such misconduct, the victim girl impregnated by the petitioner. When she realised that her condition has become vulnerable and an assault on her honourable reputation, thereafter, the complainant decided to lod

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