The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.1045 of 2024 Sushil Kumar Sahoo ..... Appellant State Of Odisha -versus- ..... Represented By Adv. - None Respondent Represented By Adv. – T.K. Acharya, ASC CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA
Decision
ORDER 06.12.2024 Order No. 02. 1. This matter is taken up through hybrid mode. 2. This is a criminal appeal under Section 14-A(2) of the SC & ST (PoA) Act, 1989. 3. This criminal appeal was listed today for hearing. But, none has appeared on behalf of the appellant for hearing of the criminal appeal. 4. Learned Additional Standing Counsel for the State and the victim/informant herself are present on being noticed by the Court through learned Additional Standing Counsel. 5. It is the settled propositions of law that, a criminal appeal cannot be dismissed for default of the parties, but the same is to be decided on merit on perusal of the Page 1 of 5. materials available on record as well as hearing from the party present. 6. When the appellant is absent and when the criminal appeal cannot be dismissed for default of the appellant, for which, in order to dispose of this criminal appeal finally, heard from the learned Additional Standing Counsel for the State as well as from the victim personally and perused the materials available in the record. 7. The appellant is in jail custody having been implicated under Sections 332(a), 64(2)(m), 123 of the B.N.S., 2023 and Section 3(2)(v) of the S.C. & S.T. (PoA) Act, 1989 on the allegations alleged against him (appellant) that, the informant is the victim of the alleged incident. She (victim) is the wife of one police driver. On dated 04.09.2024, her husband was absent from the house because her husband had moved to Dhenkanal Court in order to depose in a case. In the night of dated 04.09.2024 at about 12.30 AM, while the informant/victim alone was in their Government quarters inside the Lathikata P.S. campus in the District of Sundargarh, the appellant knowing the absence of the husband of the informant from his quarters forcibly entered into the bed room of the informant/victim and closed her bed room from inside and then forcibly committed rape on the victim inside her bed room after closing her mouth forcibly and by the result of which, she (victim/informant) sustained injury on her left hand Page 2 of 5. and then for the second time, he (appellant) also committed rape on the victim forcibly and by the result of which, the victim became unconscious and while she (victim) got consciousness at that time, she found that, appellant had already fled away from her bed room and on its next day i.e. on 05.09.2024 at about 9 AM again the appellant came to the quarters of the informant/victim knowing very well that, the victim is there in helpless condition, then after entering into her quarters, he (appellant) forcibly administered one unknown medicine into the mouth of the victim and also put water in her mouth, for which, she (victim) became unconscious and while she got her consciousness, she found, there is bleeding on her private part, for which, she (victim) remained with mental agony and sorrow and as she (victim) belong to scheduled tribe community having her sub caste Kolha, but the appellant belong to general caste community having his sub Caste Teli and when her husband returned to the quarters on 06.09.2024, she (informant) did not disclose about the incident immediately before her husband, as she was very severe mental stress and agony and when after disclosure of the incident before her husband, she (informant) got mental sympathy from her husband, then, she (informant) lodged F.I.R. against the appellant alleging the aforesaid allegations. Basing upon such F.I.R., the case vide Lathikata P.S. Case No.99 of 2024 was registered and investigation was started. Page 3 of 5. During investigation, the appellant was arrested and forwarded to the Court after being booked with the aforesaid offences. In the meantime, the investigation of the case has already been completed and Investigating Officer has already submitted charge-sheet on dated 30.10.2024 with the above offences against the appellant. Accordingly, after submission of charge-sheet against the appellant, the case against him (appellant) is at the stage of trial. 8. Learned Additional Standing Counsel for the State and the victim herself opposed the bail of the appellant contending that, in case of release of the appellant on bail, there is every possibility of threat to the life of the informant and her husband by him (appellant), for which, he (appellant) should not be allowed to go on bail. 9. When none has moved the criminal appeal on behalf of the appellant and when the victim herself opposing the bail of the appellant contending that, there is every possibility of threat to her life and her husband in case of release of the appellant on bail and when it is forthcoming from the charge-sheet that, the appellant is also serving in the police department and knowing very well about the absence of the husband of the informant from the quarters, he (appellant) had intentionally and deliberately entered into the quarters of the informant forcibly with his deliberate intention for committing Page 4 of 5. rape on the informant/victim and when the appellant himself being a police personnel as well as the protector of crimes has taken the law/crimes to his own hand intentionally committing rape repeatedly on the victim/informant finding her alone in her quarters taking the advantage of her loneliness and when the case against the appellant at the stage of the trial due to submission of charge-sheet since 30.10.2024, then at this juncture, in these heinous nature of allegations alleged against the appellant, I find no justification to allow the appellant to go on bail at this stage. 10. Therefore, the prayer for bail of the appellant is refused and accordingly, the criminal appeal filed by the appellant is dismissed. 11. The order of rejection of bail of the appellant passed on dated 03.10.2024 by the learned 1st Addl. Sessions Judge-cum-Spl. Judge, Rourkela is confirmed. 12. Accordingly, the appeal is disposed of finally. 13. Grant certified copy of this order to the appellant on proper application. (ANANDA CHANDRA BEHERA) Judge Utkalika Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Dec-2024 17:40:44 Page 5 of 5.