PRAKASH PALEI – Appellant
Versus
STATE OF ORISSA – Respondent
ABLAPL No. 16865 of 2016
21.02.2017
Heard learned counsel for the petitioners and learned Addl. Government Advocate.
The petitioners are apprehending arrest for the alleged commission of offences under S
ections 363, 365, 376 and 109/34 of the I.P.C., Section 6 of the POCSO Act and Section 3 of th
e S.C. & S.T. (P.A.) Act in Special Case No. 99 of 2016 of the court of Special Judge-cum-Sess
ions Judge, Baripada, arising out of Thakurmunda P.S. Case No.42 of 2016. Hence, they filed th
is application under Section 438 of the Cr.P.C.
It is apparent from the records that petitioners 1 and 2 happen to be parents of the m
ain accused. It is borne out from the records that Praswajit Palei, alluring the victim girl t
hat he will marry her, kept physical relationship with her. The main allegation against the pe
titioners is that they did not accept the victim girl as their daughter-in-law as she belongs
to scheduled caste community. It is further alleged that these two petitioners along with thei
r brother, sister and father in a same voice asperse to caste of the informant and did not all
ow her to enter into their house. The allegation on the face of the
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