Sudarshan Sahoo Vs State of Odisha

The petitioner is an accused in connection with Paradeep Lock P.S. Case No.343 of 2023 registered under Sections 341/323/294/354-C/354D/506/417/34/376(2) of the IPC read with Section 6 of the POCSO Act and Sections 66(E)/67/67-A of the Information Technology Act corresponding to Special G.R. Case No.76 of 2023 pending in the Court of learned Additional District Judge-cum-Special Court under POCSO Act, Jagatsinghpur

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The allegation in the F.I.R. is that the informant/victim was studying in Kujanga College in +2 2^nd Year Science and in the same College, accused/petitioner was studying in +2 Arts. When, they came in contact with each other, the accused/petitioner loved her one sided. The accused

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also threatened her that if she did not agree to his proposal, he would commit suicide by slitting her neck and hands in front of the College. But the informant disagreed to his proposal, for which the accused tried to commit suicide by consuming poison and was admitted in the hospital. After this, the cousin of the accused threatened the informant that if anything happened to the accused, she would face serious consequences. Out of fear, the informant kept relationship with the accused. After getting this opportunity, the accused took the victim number of times to different hotels and without her consent, he kept physical relationship with her and also recorded some of their intimate videos in his mobile phone and blackmailed her. The mother of the victim is suffering from cancer and the informant has to stay at home to take care of her. On 21.08.2023 at about 5.00 P.M., the accused went to the house of the informant and forcibly kept physical relation with her and slapped her. When the informant raised her voice, her parents went there and the accused also abused her parents in obscene languages and threatened them to kidnap the victim. After hearing, the noise, the local people went to her house and detained the accused and called the police. The police came and apprehended the accused. The accused also made viral the nude photographs of the informant and obscene videos through facebook and other social medias. On the basis of such written

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report, the F.I.R. was lodged.

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Learned counsel for the State submits that the trial of the case is still going on and the victim has already been examined in the learned trial Court, who inter alia stated as under:

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“2. The incident took place on 21.08.2023 at about 5 PM in my house. In the year 2015-2017 I was studying +2 Science at Kujanga college and Sudarsan was studying +2 Arts in the same college. Sudarsan loved me one sided and he used to propose me for number of times but 1 denied his proposal and for which he used to cut his hand, chest on the road of the college and he used to called me over phone and I blocked his number and out of fear I could not tell anything to anybody. One day he consumed poison and for which he had been hospitalised and his cousin Silu (Mausi Pua Bhai) called me over phone and threatened me to pour acid on my face if I won’t accept the proposal of Sudarsan. His family members also called me over phone and abused me in obscene languages. As I was minor at that time I could not understand the consequences of the situation and I accepted his proposal and thereafter he started ill treating me. Number of times he called me to different places and forcibly committed rape on me and he used to physically and mentally tortured me. During that period he also took my nude photographs without my knowledge. After completing my +2 I took admission at Einstein college, Bhubaneswar in the year 2018 and there I was staying at hostel at Bhubaneswar. I did not give my address to him but one day he came there and called me over phone to meet him in front of the hotel and there he again he cut his hand and threatened me to leave the hostel. I denied him and on the said night I called my father over phone and told him everything. Thereafter, I was transferred to another hostel of our college at Khurda. While I was at Khurda hostel he called me over phone and told me that he was viral my nude photographs. Then one of my friend from my village called me over phone and informed me

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that some has viral my nude photographs. Then I called Sudarsan and asked him about the same and asked him about the same and he told me if 1 will not meet him he would someone again viral my photographs. Then out of fear I gave my consent and went to Bahama to meet him and there he took to his aunt’s house and his aunt gave us food in one plate and after taking that food I lost my sense and on the next day morning I found myself in an unknown place and thereafter he took me to Bangalore and kept me in a rented house. There he used to keep physical relation with me for number of times without my consent. He kept me in locked condition there and took my mobile phone from me. One day I took the help of my neighbour and called my father from his phone and informed him about the incident. Thereafter my father went there and brought me and Sudarsan with him to our village. Then he came to my house and started assaulting me and be did not listen to my parents. My parents also called his parents but they did not come to our place to settle the matter. By caste I am Keuta and he is Bania and so his parents did not agree for our marriage. After 2018 I did not keep any contact with him and took admission in Engineering college. In the year 2023 prior to 4 months of filing of this case I was in the final year of my college and during that period of my mother was suffering from cancer. He took my telephone number from one of my friend Raju and again called me over phone and sent my 4 years old nude photographs to me and threatned me to viral the same if I will not accompany him to Puri. When I denied he sent the said photographs to my college teachers, friends, juniors. The I accompanied him to Puri and there he kept me in a hotel, took my gold chain from me and forcibly kept physical relation with me and tried to kill me by tying napkin on my neck and at Puri he also took my mobile phone. Thereafter I returned home and at that time my mother had been discharged from hospital and stayed in my house. On the date of filing of this case while 1 along with my mother, aunt and my father were sleeping he came to our house and dragged me from my bed and threatened me to leave my house and then 1 raised my voice and after hearing my voice my father' and aunt came there and my father threw him outside my house and after hearing hullah

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my pada people came there and called the police, and police came there and took him with them. Thereafter I went to PS and filed this case. On my direction one person at the PS scribed the, FIR. This is the said FIR marked as Ext.P.l/PW2. This is my signature thereon marked as Ext.P.1/PW2. My parents accompanied me to PS. My DOB is on 09.04.2000.”

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The petitioner had approached the learned Additional District Judge-cum-Special Court under POCSO Act, Jagatsinghpur praying for grant of bail. The learned Court below vide its order dated 28.11.2023 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

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Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

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Taking into consideration the fact the petitioner and victim were in love relationship, both of them were minors, the evidence of the victim has already been recorded and the petitioner is in custody, I am inclined to admit the petitioner to bail. Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to further conditions as following:

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(i) The petitioner shall cooperate with the

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investigation,

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(ii) He shall not tamper with the evidence in any manner whatsoever,

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(iii) He shall not involve in any similar type of offence.

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Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

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amit

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The BLAPL is accordingly disposed of.
(S.S. Mishra)
Judge

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Signature Not Verified

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Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF OF ORISSA, CUTTACK Date: 12-Aug-2024 11:42:16

Sudarshan Sahoo v. State of Odisha

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Sudarshan Sahoo v. State of Odisha

Case brief

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