The High Court of Orissa allowed a criminal appeal for bail filed by the appellant, who was convicted of rape. The High Court rejected the implication of a consensual relationship and granted bail subject to stringent conditions.
Released on bail with conditions including appearance on dates, no threat to informant, and no tampering with evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 96 of 2021
Sipun Majhi
Appellant
Mr. Partha Sarathi Nayak, Advocate -versus-
State of Odisha and another
…. Respondents
Mr. Sk. Zafrulla, Additional Standing Counsel Mr. Dipti Ranjan Bhokta, for the informant
CORAM:
JUSTICE S. K. PANIGRAHI
Order No.
ORDER
08.07.2021
03 .
1 . This matter is taken up by video conferencing mode.
2. Heard learned counsel for the appellant, learned counsel for the informant and learned counsel for the State.
3. The appellant has preferred this Criminal Appeal challenging the order dated 09.02.2021 passed by the learned Special Court, Angul in CT (Spl.) Case No. 43 of 2020 arising out of Chhendipada P.S. Case No. 350 of 2020, registered under Sections 376(2)(n) of IPC read with Sections 3(2)(v), 3(2)(va) of SC & ST (PA) Act, has filed the present appeal.
4. The brief fact of the case is that the informant is newly married. On 17.9.2020 at about 9 P.M. the appellant lifted her from her in-law’s house and committed rape on her thrice that night under a banyan tree. On the next day at about 4 A.M., the appellant left her near her inlaw’s house. The informant scolded her and did not allow her to enter her matrimonial house since she had a physical relationship with another person.
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5. Learned counsel for the appellant submits that the informant had prior acquaintance with the appellant. On the date of occurrence, in absence of her husband and in-laws, she fled away with the appellant and kept physical relationship with him. On her return, since her husband did not allow her to enter her matrimonial house, she asked the appellant to accept her as his wife who denied as well. However, this is a case of adultery which is not an offence. The victim had confessed before the doctor who had examined her that she knows the appellant since one year. She had repeated physical relationships with the appellant at several places. Medico-legal examination report discloses that there was no violation mark on the victim. Therefore, it is a clear case of consensual relationship.
6. Learned counsel for the State vehemently opposed the bail of the appellant.
7. Considering the submissions made, facts and circumstances of the case, this Court is of the view that the appellant deserves to be released on bail. Accordingly, the prayer for bail of the appellant stands allowed.
8. Hence, the appellant be released on bail in the aforesaid case by the court in seisin over the matter on some stringent terms and conditions as deemed just and proper with further conditions that:-
i. the appellant shall appear before the learned trial court on each date posting of the case;
ii. he shall not threaten or coerce the informant in any manner and
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iii. he shall not tamper with the prosecution evidence in any manner.
9. Violation of any of the aforesaid conditions may entail consideration for cancelation of the bail granted to the appellant.
10. Accordingly, the CRLA stands allowed.
11. As the Lock-down period is continuing for COVID-19, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No. 4798 dated 15th April, 2021.
(S. K. Panigrahi)
Judge
Dutta/LNB
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3 issues framed by the court
Whether the appellant deserves to be released on bail in a rape case.
Whether the plea of consensual relationship negates the offence.
What stringent terms and conditions are necessary for bail.
2 provisions across 2 enactments
Sipun Majhi
State of Odisha
S. K. PANIGRAHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
