IN THE HIGH COURT OF ORISSA, CUTTACK

An appeal under section 374 of Cr.P.C. from the judgment and order dated 06.10.2005 passed by the Adhoc Additional Sessions

Judge (F.T.), Champua in S.T. Case No.109/79 of 2004-03.

-------------------------

Kathu Karua ....... Appellant

-Versus-

State of Odisha ....... Respondent

For Appellant: - Mr. Debi Prasad Dhal

Senior Advocate

Mr. B.S. Dasparida

Advocate

For Respondent: - Mr. Aurovinda Mohanty

Addl. Standing Counsel CRLA No.450 of 2005

Ramesh Apat ....... Appellant

-Versus-

State of Odisha ....... Respondent

For Appellant: - Mr. Debi Prasad Dhal

Senior Advocate (Amicus Curiae)

For Respondent: - Mr. Aurovinda Mohanty

Addl. Standing Counsel

Signature Not Verified

Digitaly Signed

S D i e g s n i e g d n a b t y io : n S : I S P e U n N io B r E S H te E n R og A rapher -------------------------

Reason: Authentication

Location: HIGH COURT OF

ORISSA, CUTTACK

Date: 23-Dec-2025 14:15:48

P R E S E N T:

THE HONOURABLE MR. JUSTICE S.K. SAHOO AND THE HONOURABLE MR. JUSTICE CHITTARANJAN DASH ----------------------------------------------------------------------------------------------------------------------- Date of Hearing: 16.12.2025 Date of Judgment: 23.12.2025 -----------------------------------------------------------------------------------------------------------------------

S.K. Sahoo, J.: The appellant Kathu Karua in JCRLA No.58 of 2006 and the appellant Ramesh Apat in CRLA No.450 of 2005 along with co-accused Dadu @ Anil Patra faced trial in the Court of learned Adhoc Additional Sessions Judge (F.T.), Champua in S.T. Case No.109/79 of 2004-03 for offences punishable under section 376(2)(g), 302/34 and 201/34 of the Indian Penal Code (hereinafter „I.P.C.‟) on the accusation that on 22.08.2002 at Kamarjoda tank under Joda police station, they committed gang rape on „BN‟ (hereinafter, „the deceased‟) and intentionally committed her murder in furtherance of their common intention and that knowing or having reason to believe that the offence of gang rape and murder had been committed, caused certain evidence connected with the said gang rape and murder to disappear by throwing the dead body near Kamarjoda tank inside the putus bushes with intention to screen themselves from legal punishment in furtherance of their common intention.

The learned trial Court vide impugned judgment and order dated 06.10.2005 though acquitted the co-accused Dadu @ Anil Patra of the offences charged, but found both the appellants guilty of the offences charged and sentenced each of them to undergo R.I. for a period of ten years for the offence under section 376(2)(g) of the I.P.C., R.I. for life and to pay a fine of Rs.5,000/- (rupees five thousand) for the offence under section 302/34 of the I.P.C. and R.I. for a period of three years and to pay a fine of Rs.1,000/- (rupees one thousand) for the offence under section 201/34 of the I.P.C. and all the sentences were directed to run concurrently.

Since both the appeals arise out of same judgment, with the consent of learned counsel for the respective parties, those are heard analogously and disposed of by this common judgment.

Prosecution Case

2. The prosecution case as per the first information report (hereinafter, „F.I.R.‟) (Ext.1) lodged by P.W.1 Pabitra Naik, the brother-in-law of the deceased on 23.08.2002 at about 9.15 a.m. before the Officer in-charge of Joda police station (P.W.10), in short, is that he had been residing at Banspani Coal Hutting since last twenty five years. On 22.08.2002 at about

3.00 p.m., he returned home after finishing his duties from S. lal Mines, Joda and at about 9.00 p.m., his mother-in-law Srimati Naik came to his house and told him that her daughter-in-law (deceased), who was also the sister-in-law (Sala bhauja) of P.W.1, had been to Kamarjoda in order to tie Rakhi to his God brother Surendra Mohanty at about 4.00 p.m. leaving her two children in the house, but she did not return home. Upon hearing this from his mother-in-law Srimati Naik, P.W.1 went to the hou