Orissa High Court
Purna Mahallik @ Mahalik vs State Of Odisha & Another on 16 October, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.594 of 2023, CRLA No.717 of 2023 &
CRLA No.770 of 2023
Jika @ Samarendra Das
(in CRLA No.594 of 2023)
Rajendra Mahalik
(in CRLA No.717 of 2023)
,
Purna Mahallik @ Mahalik ... Appellants
(in CRLA No.770 of 2023)
Mr. Guruprasad Behera, Advocate
-versus-
State of Odisha & another .... Respondents
Mr. Priyabrata Tripathy,
Additional Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 16.10.2023
04. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Since all the three criminal appeals arise out of one case, i.e., Balasore Town P.S. Case No.47 of 2023, on consent of the learned counsel for both the parties, all the three mattes are heard analogously and disposed of by this common order.
Heard learned counsel for the appellants and learned counsel for the State.
These are appeals under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with Special Case No.25 of 2023 arising out of Balasore Town P.S. Case No.47 of // 2 // 2023 pending in the Court of learned Special Judge (S.C. & S.T.), Balasore for offences punishable under sections 365/323/376-D of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (PoA) Act.
Learned counsel for the appellants Jika @ Samarendra Das in CRLA No.594 of 2023 , Rajendra Mahalik in CRLA No.717 of 2023 and Purna Mahallik @ Mahalik in CRLA No.770 of 2023 submitted that the three appellants are in judicial custody since 25.02.2023 and they have been charge sheeted under sections 365/323/376-D of the I.P.C. read with section 3(2)(v) of the S.C. & S.T. (PoA) Act and out of sixteen charge sheet witnesses, nine witnesses have been examined in the learned trial Court including the victim as P.W.1. Learned counsel further submitted that the victim has changed her version from time to time and when she disclosed about the occurrence before the informant Minati Patra, Center Administrator, One Stop Center, Balasore, she stated that four unknown persons forcibly kidnapped and took her to forest and one person committed rape on her. In the statement recorded by the police, she stated that three persons took her inside the jungle and they committed rape on her. In 164 of Cr.P.C. statement, she has stated that ten persons committed rape on her. Learned counsel further submitted that even though the victim has not named any of the accused persons, after the appellants were taken into judicial custody, no attempt has been made by the prosecuting agency to conduct the T.I. Parade for the best reason known to them. The victim being examined as P.W.1 in the learned trial Court, stated Page 2 of 4 // 3 // that she did not know the accused persons by name and she stated to have consumed handia and further stated that the accused persons, who were shown to her through V.C. committed rape on her, however in the cross- examination, she again stated that she did not know the persons who committed rape on her as that was a evening time. In the very next line in the cross-examination, she has stated that the occurrence took place in the afternoon time at about 4.00 p.m. She further stated that she had not seen the accused persons either at the police station or at Court and had not seen them at any other place. She could not remember that if anyone tutored her to state about the occurrence before the Magistrate or not. She has further stated in the cross-examination that she has filed the case to get compensation money. Learned counsel further submitted that in view of the inconsistent statement of the victim and the fact that no T.I. Parade been conducted to establish the complicity of the appellants in connection with the offence and even though the victim identified the appellants in the Court for the first time, but in view of the nature of evidence adduced by her, the bail application of deserves favourable consideration.
Learned counsel for the State opposed the prayer for bail.
Perused the evidence recorded so far in the learned trial Court.
Considering the submissions made by the learned counsel for the respective parties, nature of evidence adduced by the victim and period of detention of the Page 3 of 4 // 4 // appellants in judicial custody, I am inclined to release the appellants on bail.
Let the appellants be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that they shall appear before the learned trial Court on each date to which the case would be posted for trial and shall not tamper with the prosecution evidence.
Violation of any of the conditions shall entail cancellation of bail.
All the Criminal Appeals are accordingly disposed of. Issue urgent certified copy of this order on proper application.
(S.K. Sahoo) Judge amit Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Oct-2023 12:10:02 Page 4 of 4