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2019 DIGILAW 645 (ORI)

Sagar Das v. State of Orissa

2019-11-27

A.K.MISHRA

body2019
JUDGMENT : A.K. MISHRA, J. 1. This is an appeal preferred by the sole appellant challenging his conviction U/s. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act” for brevity) and sentence to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 10,000/- in default to undergo R.I. for a period of six months as per the judgment dated 5.5.2015 passed by the learned Special Judge, Puri in T.R. Case No. 8 of 2014. It was also ordered that if the fine amount was realised, the same should be given as compensation to the victim-PW-2 under Rule 7 of the POCSO Rule, 2012 and direction to set off U/s. 428 of the Cr.P.C. was also given. 2. In course of hearing, learned counsel for the appellant submits that the accused has already undergone substantive sentence and accused had informed from jail on 6.10.2019 that learned Sessions Judge had not accepted the deposit of fine amount as the realisation of fine amount was stayed in this appeal. He fervently prays to direct the learned Sessions Judge to accept the fine amount and to dispose of the appeal accordingly. 2-A. Learned Addl. Standing Counsel does not dispute the above fact but contended that in view of the legal evidence available, the impugned judgment convicting the accused does not warrant any interference. 3. On 23.09.2013, at 3.30 P.M., PW-2 victim while had been to river embankment to attend the call of nature, the accused lifted her to a distant place and committed rape. She disclosed the said fact immediately before her mother, who in turn conveyed to her husband-PW-1. The matter was brought to the notice of the father of the accused who took time for settlement. As the same had not yielded any fruit, the victim lodged an FIR-Ext.2 at Satyabadi P.S. on 26.09.2013 which was resulted into investigation. 3-A. After completion of investigation, charge-sheet was filed. The appellant-convict, his father and two others faced trial. In order to bring home charge, the prosecution examined 17 witnesses including the victim as PW2 and doctor-PW-8 and PW-13 and PW-17 is the Investigating Officer. The plea of defence was denial simplicitor. 3-A. After completion of investigation, charge-sheet was filed. The appellant-convict, his father and two others faced trial. In order to bring home charge, the prosecution examined 17 witnesses including the victim as PW2 and doctor-PW-8 and PW-13 and PW-17 is the Investigating Officer. The plea of defence was denial simplicitor. 3-B. Learned Sessions Judge analysing the evidence on record, acquitted all other accused persons of the charge U/s. 323/294/506 and 34 of the IPC, but convicted the present appellant U/s. 376(2)(i) of the IPC and U/s. 4 of the Prevention of Child Sexual Offence Act. As the punishments of both the offences were almost similar, learned Special Court convicted the appellant U/s.4 of the POCSO Act and passed sentence and compensation as stated above. 4. Having carefully gone through the statement of the victim-PW-2 and corroborating evidence on record, no infirmity is found in the appreciation of the evidence. The conviction is based on legal evidence. The same is hereby upheld. The sentence awarded is proportionate to the offence committed. 5. This Court on receipt of Prisoner’s Petition had called for a report on 8.11.2019 from the Sessions Judge, Puri. The report was received vide letter No. 5367 dated 14.11.2019. It is stated therein that the convict has already been released from jail custody of District Judge, Puri on 8.11.2019 after remission of substantive sentence as per jail manual and the fine amount has not been realised in view of granting of stay by this Court in the appeal. 6. The realisation of fine is a part of sentence. As the appeal is being disposed of in this order, the Special Court is free to take steps for realisation of the same. The offer of the appellant to deposit the fine amount having not been accepted earlier, learned Sessions Judge shall do well to take steps to receive/realise the fine amount and to make payment of compensation as ordered in the judgment. 7. Accordingly, the appeal is disposed of. 8. Send back the LCR immediately along with copy of this judgment.