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2017 DIGILAW 917 (ORI)

Ballabha Mallik v. State of Orissa

2017-08-21

J.P.DAS

body2017
ORDER 21.8.2017. Heard learned Counsel for the petitioner and learned Counsel for the State. The petitioner is an accused in S.T. Case No.533 of 2016 on the file of learned Sessions Judge-cum-Special Judge, Kendrapara charge-sheeted under Sections 363/376 (2) (i) (n)/506, I.P.C. read with Section 6 of POCSO Act. It is alleged that the present petitioner along with another forcibly kidnapped the daughter of the informant while she had been to attend call of nature and keeping her confined in a room, present petitioner forcibly committed rape on her against her will and on the next day, she was brought back and left near her house. It is submitted by learned Counsel for the petitioner that the victim was in love affairs with the petitioner and left home out of her own volition, but it was given a colour of rape. It is further submitted that as per medical examination report of the victim which was conducted after the alleged occurrence, there was no sign or symptom of forcible sexual intercourse and there was also no bodily injury detected on the body of the victim. As per ossification report and radiological findings, the age of the victim was found to be seventeen to eighteen years. It is submitted that the petitioner is in custody since March, 2016. Trial of the case has not yet commenced although the matter has been committed to the Court of Sessions. Considering the submissions and the materials placed before the Court, it is directed that let the petitioner be released on bail in the aforesaid case on such terms and conditions as would be deemed proper by the learned Sessions Judge-cum-Special Judge, Kendrapara. Ordered accordingly.