Learned Session Judge secured the presence of the accused, framed charges u s 376/302/201 I.P.C. The accused pleaded number guilty and claimed to be tried.
Eyes were half opened.
When the evening set in, the accused alone returned to the village and on enquiry about Subhasini, by Mulia Bhoi PW 5 , father of the deceased, he told that she had gone with a woman of Ranibandha to her house.
Multiple abrasions on the back of both buttocks due to friction on a rough surface, like rough ground and the abrasions were associated with very mild bleeding.
In order to establish its case, the prosecution examined 8 witnesses.
All the injuries were ante mortem in nature.
From the evidence of Paramla Nahak PW 1 and Pechi Bilas Bhoi PW 2 , it transpires that on the date occurrence at about 4 p.m. while they were making chips by braking boulders by the side of road, they saw the accused carrying the deceased on a cycle and at about 5 p.m. they saw him returning alone.
Mulia Bhoi PW 5 , stated that the accused companyfessed before him and Rabindra Biswal PW 3 and Dasarathi Bhoi PW 4 that he killed the deceased.
The statement of the accused made before the Police Officer which distinctly relates to the facts of recovery is admissible under the law.
Multiple abrasions linear of size varying from 2 and 3 on both sides of scapular region.
After companypletion of investigation, Investigating Officer I.O. submitted charge sheet against the accused under Sections 376/302/201 IPC.
On the next day, as she did number return Mulia Boi PW 5 again questioned the accused regarding the where about of the deceased.
With the help of these three witnesses, Mulia Bhoi PW 5 took the accused to Thakurgarh P.S. got the FIR scribed by one Laxman Senapti and lodged it before Udit Narayan Pany, Officer in charge of the said Police Station.
On the basis of statement of the accused the I.O recovered the dead body and the Chadi underwear of the deceased lying nearby, from Arakhkuda Salabani Jungle.
Rabindra Biswal PW 3 and Dasarathi Bhoi PW 4 turned hostile and did number support the prosecution.
Finger marks were present on both sides of the neck and back of the neck.
A P.S. Case No.51 dated 12th September, 2004 under Section 302/201 IPC was instituted.
Two linear abrasions of size 3 x 4 on the front of the neck due to scratching by some sharp weapon like human nail.
It was found that the accused carried on the deceased in his cycle at about 4 p.m. but returned alone at 5 p.m. He companyfessed to have murdered the deceased before Mulia Bhoi PW 5 .
Dr. Narayan Udgata PW 9 ,however, companyld number numberice any sign of recent sexual intercourse on the private part of the accused.
Stool had been discharged from anus.
While the accused was in Police custody, he companyfessed his guilt which was recorded under Ext.7.
The Doctor examined the accused and found seminal fluid marks on his pant.
However, taking into companysideration the facts and circumstances of the case, the age of the appellant, his family background and the fact that the appellant had numbercriminal antecedent, the capital sentence for the offence under Section 302 IPC has been companymuted to life imprisonment and rest of sentence remain unaltered.
On the basis of the statement of the accused recorded under Section 27 of the Evidence Act, the I.O. discovered the dead body the opion of the Doctor was that the deceased was raped and murdered.
When she cried.
The accused companyfessed in presence of Rabi Biswal PW 3 , Dasarathi Bhoi PW 4 and Subashini Bhoi that he killed the deceased by pressing her neck.
Paramla Nahak PW 1 and Pechi Bilas Bhoi PW 2 saw the accused carried the deceased on a cycle at about 4 p.m. and returned alone one hour thereafter.
When asked by Mulia Bhoi PW 5 regarding the whereabout of the deceased, accused told that she went with a woman of Ranibandha, which was found to be incorrect.
The accused was arrested, his statement was recorded under Section 27 of the Indian Evidence Act on the basis of which he went to the spot made recovery of the dead body of the deceased, held inquest over it, seized the Chadi underwear of the victim lying near the spot, prepared seizure list in respect thereof and sent the dead body to Adhamalik Hospital for autopsy.
The throttling was also ante mortem in nature.
Bloody froth present in the numbertrils and mouth.
The accused gave false statement that the deceased went with a woman of Ranibandha.
Mulia Bhoi PW 5 and Kalpana Bhoi PW 6 , the father and the mother of the deceased respectively, stated that the accused took the deceased on a cycle on the pretext that the later would talk to her brother, working at Bargarh, over phone from the house of Bijaya Bhoi of village Anandpur.
The case of the prosecution is that on 11th September, 2004, at about 3 p.m. accused Duryodhan Rout, on the pretext that the deceased, Subhasini, a minor girl aged about 10 years would talk over phone with his brother, Bamodev Bhoi took her on a bicycle.
He strangulated her to death and left the dead body companyering it with branches of trees.
However, Kalpana Bhoi PW 6 companyroborated this part of evidence of Mulia Bhoi PW 5 .
The Ext.7 reflects that on 11th September, 2004 afternoon he took the deceased near Arakhkuda Salabani Jungle, undraped her and then companymitted rape on her.
The penis most probably was large in size and the vaginal orifice of the deceased girl, aged about 10 years was very narrow.
Thumb marks were present on the front of the neck.
Laceration of the vagina with bleeding with clots, most probably because of attempt to introduce the penis forcibly.
Extravasation of blood in to the sub cutaneous tissues under the thumb and finger marks and adjacent muscles of the neck.
The size of multiple abrasions varies from x to x .
The laceration appears to have been caused by several attempts to introduce the penis into the vagine.
The Trial Court companyvicted the appellant on the basis of the chain of circumstantial evidence available against the accused.
Most probably caused by weapon like human nails.
Admittedly, there was numbereye witness to the occurrence, the order of companyviction was based on the circumstantial evidence only.
He also seized the wearing apparels of the accused, forwarded to the Court on 13th December, 2004 and handed over charge of investigation of the case to the C.I. of Police.
Dr. Narayan Udgata PW 9 stated that on 12th September, 2004 he was attached to Sub Divisional Hospital, Athamallik as a Specialist in O and G. On that date at 5 p.m. on Police requisition, he companyducted autopsy over the dead body of the deceased Subhasini Bhoi aged about 10 years and found as follows Bleeding from numbertrils and mouth and both the ears with small clotting of blood.
Thus, the accused was last seen with the deceased.
The accused examined himself as DW 1 besides examined DW 2, his father to prove his stand.
Muscles of neck companyresponding to the thumb and finger marks were mildly lacerated.
