Jugeshor Naik @ Jogeswar vs State Of Odisha & Others ... Opp. Parties
2025 Latest Caselaw 8170 Ori

Orissa High Court

Jugeshor Naik @ Jogeswar vs State Of Odisha & Others ... Opp. Parties on 12 September, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
       CRLA Nos.812,467,700 of 2022 and CRLA No.569 of 2023
       Jugeshor Naik @ Jogeswar               ...              Petitioner
       Naik @ Jogi

                                                  Mr. B.B. Swain, Adv.

                                   -versus-

       State of Odisha & Others               ...           Opp. Parties
                                                  Mr. S. Das, ASC


                              CORAM:
        THE HON'BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
                               ORDER

12.09.2025 I.A. Nos.1537,893,1335 of 2022 and 1262 of 2023 Order No.

07. 1. This matter is taken up through hybrid mode.

2. Heard learned counsels appearing for the Appellants in the present batch of appeals on the question of allowing bail by keeping the sentence under suspension and learned Addl. Standing Counsel appearing for the State.

3. Learned counsels appearing for the Appellants in all the Interim Applications contended that the Appellants herein have been convicted to undergo R.I for a period of 20 years and to pay a fine of Rs.25,000/- and in default R.I for a period of one (1) year for the offence under Section 376-D of the Indian Penal Code and R.I for one years for the offence under Section 506 of the I.P.C.

3.1. It is contended that the Appellants were so convicted by the learned Addl. Sessions Judge, Talcher in C.T (S ) Case No.67 of 2018 arising out of G.R. Case No.430 of 2018, corresponding to Talcher P.S. Case No.95 of 2018 vide judgment dt.26.04.2022.

3.2.It is contended that even though allegation of gang rape was made by the victim-P.W.14, but in course of trial, P.Ws.1,2&3 being the related witness/Independent witness turned hostile. It is also contended that the F.I.R was lodged with the allegation that the victim while was inside Talcher Bus stand along with one Chandan Nayak at about 10 P.M on the fateful day, the Appellants committed rape on her against her will. Accordingly, basing on the FIR allegations so made by the victim-P.W.14, the prosecution case was set into motion and all the Appellants faced the trial for the offence under Section 376-D/394/506 of the Indian Penal Code.

3.3. However, vide the impugned judgment all the Appellants were acquitted for the offence under Section 394 of the I.P.C. However, while convicting the Appellants for the offence under Section 376-D and Section 506 of the I.P.C, all the Appellants were sentenced to undergo R.I for 20 years with fine of Rs.25,000/- and in default R.I for one(1) year for the offence 376-D of the I.P.C and for a period of one (1) year for the offence 506 of the I.P.C. It is also contended that the eye-witnsess Chandan Nayak, who

was examined as P.W.9, also turned hostile. In his cross-examination, P.W.9 stated as follows:

" I know the accused persons being Sahi persons. I have not stated anything before police."

3.4. A further submission was also made that the Medical Officer who examined the victim and examined as P.W.17. The victim though was examined on 25.04.2018, but the Doctor-P.W.17 submitted as follows in his evidence:

1. On 22.04.2018 I was MO attached to SDH, Talcher. On that day at about 1.00 PM on police requisition I examined the victim of the case.

Prior to examination I took her consent for examination and she put her LTI. I took the history of case from her and I have reflected it. On my examination I found as follows:-

(I) There was no bodily injury suggesting forcible sexual intercourse but I found five abrasions of blackish-red in color around introitus of size 1/8 inch x 4 inch each. There was scanty vaginal bleeding due to menstruation. Age of said injuries were 12 to 24 hours from the time of examination.

(ii) I collected sample vaginal swab in two vials. One sample was tested and I found there was RBC present in vaginal swab. I found no foreign particles or

(iii) Blood grouping of victim was done and it was found as A+ve.

(iv) The age of the victim was ascertained to be 19 to 20 years.

(v) I collected sample pubic hair kept it in a vial labeled and sealed it.

(vi) There was possible signs and symptoms of forcible sexual intercourse from the afore said examination.

(vii) Her vagina was admitting 2 and ½ fingers. Old hymen rupture was present. She was not pregnant.

(viii) I handed over one vial having sample swab and one vial containing sample pubic hair in sealed condition to the escort party.

This is my opinion marked as Ext.14 and this is my signature thereon marked as Ext.14/1. Victim has put her LTI on Ext. 14.

Cross examination on behalf of the accused persons:

2. The victim was a major girl. I did not find any sperm in vaginal swab. Except the five abrasions I found no other physical clue of forcible sexual intercourse. Her L.M.P was 19.04.2018 as per statement of victim. On 22.04.2018 she was under going menstruation cycle.

3. It is not a fact that the abrasions found may be caused for reasons other than sexual intercourse. The victim was habituated to sex.

As per history given by victim she was in a relationship (sexual) with Chandan.

3.5. Learned Counsel appearing for the Appellants accordingly contended that since the related witnesses P.Ws.1 & 2 and the Independent Witness P.W.3 turned hostile and the eye-witness-P.W.9 also turned hostile during trial, taking into account the evidence available on record and the evidence of the Doctor-P.W.17, the Appellants could not have been convicted to undergo the sentence under Section 376-D of the I.P.C. However, taking into account the nature of allegation made in the F.I.R so lodged on 23.08.2018 and the sentence so imposed, all the Appellants are in custody since the date of arrest i.e. 25.04.2018 to till date.

3.6. Since all the appellants are already in custody for more than 7 years, taking into account the materials available against them, all the Appellants are eligible and entitled to get the benefit of bail by keeping the suspension under sentence.

4. Learned counsels appearing for the Appellants in CRLA Nos.812 & 467 of 2022 made further submissions inter alia contending that in her evidence as P.W.14, no allegation was made against the present Appellants with regard to their committing rape on the victim, save and except the Appellants in CRLA Nso.700 of 2022 and 569 of 2023. Evidences of P.W.14 reads as follows:

1. I am the informant and victim in this case. I know the accused persons now standing in dock namely Soubhagya Naik @ Bagha, Prasam Naik @ Bhalu.

Ratan Naik, Jogeswar Naik. The incident took place three years back in the night time. My parents had come to Talcher to work. We were living in Lingaraj Hutting On occurrence day in the night I along with Chandan Naik had been to his house. 1 drank water in his house. Then I and Chandan went to Talcher Bus stand. It was about 10.00 PM. Then we sat on Mankada stone. I and Chandan were talking. Then three accused persons namely Bagha, Bhalu and another came. The witness pointed towards the accused having white and red shirt on his body and on being asked he told his name as Jogeswar. The said three accused persons thrashed Chandan and hit him. They threatened him say KICHI KAHIBUNI NAHELE TATE MARIDEBU Then they tied his hands on his back side with his shirt. They took away mobile of Chandan. Bagha lifted me to his shoulder and took away inside the ground behind Talcher Bus stand. Then he lifted my saree. He also removed his pant. Then he forcibly had intercourse with me. Then Bhalu came to me. Then he lifted my saree removed his pant and forcibly had sexual intercourse with me. After I was being raped by Bhalu the fourth accused

came to the spot. The witness pointed towards the accused in white shirt. On being asked said accused told his name as Ratan Naik. In the mean time Chandan had managed to intimate police. Police people came near by Then the four accused persons finding police coming towards the spot ran away leaving me. I sat at the spot. Hearing voice of Chandan calling me and recognizing him I came out towards him. Then police took us to Talcher PS.

2. To my say one person there wrote down the FIR te me. He read over and explained the FIR to me. I found the same prepared correctly to my say. Then I lodged FIR. This is the said FIR of mine marked as Ext.11. I have put LTI to execute it. On being sent by police my medical examination was done in Talcher Medical. Police also produced me before court for recording my statement before Magistrate. This is the said writing marked as Ext. 12. I have put my LTI on said document. I was also called to Talcher Jail to identify accused persons before Magistrate. There Identified accused Bagha and Bhalu before Magistrate. I have put my LTI on TI parade report. There was electric light in Talcher Bus stand lighting the place where I and Chandan were sitting when the three accused persons came.

Cross examination on behalf of the accused persons

2. Decline.

Further cross examination on behalf of the accused persons resumed on 31.08.2021

3. I was in love with Chandan. On the date of incident at about 10.00 PM I had been to Talcher bus stand to talk with Chandan. I had sexual intercourse with the accused then in the forest. On the last day on which I had come to court police had come with me. On that day police brought me from Keonjhar and produced in the court. On that day police had shown the accused persons (in the hazat) to me and shown photographs of them. On the say of police I identified them in court. On the say of police I deposed. I do not know the contents of FIR. I had put LTI on it being illiterate. I do not know its contents. I have not been examined by police. The accused persons now standing in dock had not misbehaved nor raped me. As the Chandan had hostility with accused persons at his instance I had filed this case against the accused persons. I am aged about 25 years now.

4.1. Learned counsel appearing for the Appellants in the aforesaid CRLA No.812 & 467 of 2022 made further submissions that since there is no allegation that the Appellants have committed rape on the victim on the fateful day nor there is allegation, that they helped in any manner for commission of the crime, the Appellants in CRLA No.700 of 2022 and 569 of 2023 has committed the crime, the Appellants in CRLA No.812 & 467 of 2022 are otherwise eligible to get the benefit of bail having being in custody for more than 7 years. It is accordingly contended that both the Appellants be released on bail by keeping the sentence under suspension on any terms and conditions as deem fit and proper.

5. Learned Addl. Govt. Advocate on the other hand while opposing the prayer for bail in all these Interim Applications inter alia contended that since all the Appellants have been convicted to undergo R.I for 20 years and to pay a fine of Rs.25,000/- and in default to undergo R.I for a period of one(1) year for the offence under Section 376-D of the I.P.C and they have not yet undergone more than half of the sentence, they are not eligible and entitled to get the benefit of bail by keeping the sentence under suspension.

5.1. It is contended that since the allegation is with regard to gang rape of the victim, taking into account the testimony of the victim -P.W.14, wherein she has clearly implicated all the Appellants including the

Appellants in CRLA No.700 of 2022 and CRLA No.569 of 2023, who have committed the crime with the help of the Appellants in CRLA Nos.812 & 467 of 2022, taking into account the conviction so imposed, the prayer for bail be rejected.

6. Having heard learned Counsel appearing for the parties, considering the submission made and the materials placed before this Court, it is found that the prosecution case was set into motion basing on the F.I.R lodged by the victim-P.W.14 on 22.04.2018 and giving rise to Talcher P.S Case No.95 of 2018 corresponding to G.R. Case No.430 of 2018 in the file of learned S.D.J.M, Talcher.

6.1. As found, all the Appellants faced the trial in C.T. (S) Case No.67 of 2018 in the file of learned Addl. Sessions Judge, Talcher and vide judgment dt.26.04.2022, all the Appellants have been convicted and sentenced to undergo R.I for 20 years and to pay a fine of Rs.25,000/- in default to undergo R.I for a period of one (1) year for the offence under Section 376- D of the IPC and R.I for one (1) year for the offence under Section 506 of the I.P.C.

6.2. This Court after going through the materials placed, found that during trial, P.Ws 1 and 2 who are related witnesses of the victim and P.W.3 who is an independent witness turned hostile. Taking into account the F.I.R allegation, it is found that the victim

was with one Chandan Nayak-P.W.9 on the fateful day inside Talcher Bus Stand. But as found, P.W.9 was also turned hostile during trial. It is also found that the Doctor-P.W.17 who examined the victim on 22.04.2018 clearly opined that there is no physical clue of any forcible sexual intercourse.

6.3. Taking into account the materials available on record, more particularly, the evidence of P.W.9 as well as P.W.17 vis-à-vis the testimony of the victim-P.W.14, this Court for the present is inclined to allow the prayer for bail so far as Appellant in CRLA No.812 & 467 of 2022 are concerned.

6.4. This Court directs for release of the Appellant Jugeshor Naik @ Jogeswar Naik@ Jogi in CRLA 812 of 2022 and Appellant Ratan Nayak in CRLA 467 of 2022 on bail by keeping the sentence under suspension on such terms and conditions as deem fit and proper by the learned Court in seisin. However, for the present, this Court is inclined to adjourn the interim application so filed by the Appellants in CRLA No.700 of 2022 and in CRLA No.569 of 2023, while allowing I.A. No.1537 and 893 of 2022, arising out of CRLA NO.812 and 467 of 2022.

6.5. I.A Nos.1335 of 2022 and 1262 of 2023 arising out of CRLA No.700 of 2022 and CRLA No.569 of 2023 be placed for further orders on 17.10.2025.

6.6. With the aforesaid observation and direction, this Court is inclined to dispose of I.A Nos.1537 and 893 of 2022 so filed in CRLA No.812 & 467 of 2022 and directs the Registry to list I.A Nos.1335 of 2022 and 1262 of 2023 so filed in CRLA No.700 of 2022 and 569 of 2023 on 17.10.2025.

(Biraja Prasanna Satapathy) Judge

sangita

Reason: authenticaton of order Location: high court of orissa, cuttack Date: 19-Sep-2025 19:16:32