The court held that inconsistent victim testimony and lack of corroborating evidence rendered the conviction unsustainable, emphasizing issues of consent and age in sexual exploitation cases.

JUDGMENT :

D.Dash, J.

1. The Appellant, by filing this Appeal, has assailed the judgment of conviction and order of sentence dated 25th February, 2021 passed by the learned Sessions Judge-cum- Special Judge, Jajpur in Spl. G.R. No.131 of 2016, arising out of Badachana P.S. Case No.146 of 2016.

The Appellant (accused) thereunder has been convicted for commission of offence under section 376 of the Indian Penal Code, 1860 (for short, ‘the IPC ’), and section 3 (2) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1985 (for short, ‘SC & ST (PA) Act). Accordingly, the he has been sentenced to undergo rigorous imprisonment for for seven (7) years each for the offence under section 376 of the and section 3(2)(v) of the SC & ST (PA) Act and fine of Rs.5000/- on each count and in default to undergo further rigorous imprisonment for three months.

2. Prosecution case is that the victim (P.W.1) in the year 2016 was reading in VIIT School of Nursing at Dhanamandal and was taking tuition under the accused. The status of the victim being poor and she too being a member of Scheduled Caste Community, the accused was not charging any fee from her. However, the victim used to do some domestic work in the house of the accused.

On 10.09.2016, the victim lodged a written report with the Inspector-in-Charge (IIC) of Badachana Police Station stating therein that the accused having influenced her by promising to marry and giving such assurance, had kept with her, the physical relationship, despite protest, and on account of that she had become pregnant. It was also stated that the accused was asking her to terminate the pregnancy without disclosing the fact to anyone else and was giving threat that unless she (P.W.1) would do so, her life would be at risk and be killed. It was also stated that when the victim (P.W.1) asked the accused to go for performance of the marriage, the accused left the house and his mobile phone remained in a switched off mode. The victim (P.W.1) thereafter, having waited for five months remaining in deep morrows, lodged the written report.

The IIC receiving the said written report, treated the same as FIR and registered the case. Since the case concerned with the commission of offence under section SC & ST (PA) Act, the IIC requested the Sub-Divisional Police Officer (SDPO) to take up the investigation, being so competent to do so as ordained in law.

3. In course of investigation, the I.O (P.W.15) having received the FIR (Ext.1) from the IIC, examined the Informant (Victim- P.W.1) and other witnesses. He (P.W.15) also visited the spot and prepared the spot Map (Ext.8). Having searched for the accused; the I.O (P.W.15) arrested the accused. On 11.09.2016, the wearing apparels of the victim (P.W.1) were seized and the victim (P.W.1) was sent for medical examination. The details of the caste particulars of the victim (P.W.1) and the accused were then obtained from the Tahasildar, wherefrom it was confirmed that the victim is a member of Scheduled Caste being “Dhoba” by caste and the accused is neither a member of Scheduled Caste nor Scheduled Tribe. The I.O (P.W.15) then asked the Principal of the Badachana Junior Women’s College to provide all details as regards the accused, who was then working there in the college. The date of birth of the accused was ascertained and so also the school register of VIIT School of Nursing at Dhanamandal was verified. The wearing apparels of the accused were seized under seizure list (Ext.6). All those seized incriminating articles were sent for chemical examination through Court.

In course of investigation, it was ascertained that the mother of the victim (P.W.1) had committed suicide after having come to know about the i