S.K. Sahoo JUDGMENT
S.K. Sahoo, J.
1. The petitioners Musa Pradhan and Bansidhar Pradhan have filed this application under section 482 of the Criminal Procedure Code for quashing the impugned order dated 22.12.2004 passed by the learned S.D.J.M., Bhanjanagar in G.R. Case No. 526 of 1997 in taking cognizance of offence under section 376 of the Indian Penal Code and also taking recourse to section 323 of Cr.P.C. for commitment of the case to the Court of Session. The said case arises out of Buguda P.S. Case No. 174 of 1997 in which chargesheet was submitted under sections 493, 506 read with section 34 of the Indian Penal Code.
2. The case was instituted on 15.11.1997 on the basis of the first information report lodged by the victim girl before the officer in charge, Buguda police station.
As per the first information report, it is the prosecution case that the victim was going to sleep in the house of Kirtan Pradhan since last one and half years prior to the occurrence. One night when the victim came outside, the petitioner Bansidhar Pradhan was there and he gave proposal of marriage to the victim but the victim did not respond. Subsequently on many an occasion, the petitioner Bansidhar Pradhan continued to propose the victim for marriage but she refused to marry. The petitioner Bansidhar Pradhan in order to compel the victim for marriage told her that he would commit suicide coming in front of a running train if she did not agree for marriage. On the Raja Sankranti day of the year 1997, the victim had been to bring straw as her father was ailing. The petitioner Bansidhar Pradhan all on a sudden appeared there, caught hold of the victim from her back and when the victim shouted, the petitioner put his hands on the mouth of the victim and asked her not to shout as he would marry her. The petitioner Bansidhar Pradhan then took then the victim forcibly inside the nearby jungle and kept physical relationship with her. On subsequent occasions also, the petitioner Bansidhar Pradhan went on keeping physical relationship with the victim with assurance of marriage for which she became pregnant for five months. On 22.10.1997 when the victim met the petitioner Bansidhar Pradhan and asked him to keep up the promise by marrying her, the petitioner Musa Pradhan who is the father of Bansidhar Pradhan threatened her with dire consequence in the event she tried to keep any contact with his son.
On the basis of such first information report, Buguda P.S. Case No. 174 of 1997 was registered under sections 493/506/34 of the Indian Penal Code against the petitioners. During course of investigation, it was found that in connection with the case, village meetings were held on some occasions where both the parties attended but none of the petitioners agreed for marriage. The victim was medically examined by the Professor, M.K.C.G. Medical College and Hospital, Berhampur who found the age of the victim to be 20 years and the age of the foetus was within 20-24 weeks. The petitioner Bansidhar Pradhan was also medically examined and it was found that he was capable of committing sexual intercourse. The 164 Cr.P.C. statement of the victim was recorded on 03.12.1997 who stated her age to be fifteen years. Finding prima facie case under sections 493/506/34 of the Indian Penal Code again........