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Jitarani Behera, aged about 25 years is a student continuing B.Ed. course under an institution at Srikakulam in Andhra Pradesh. She passed B.A. from B.S. College, Chandikhol in 2012. In 2015 she consulted Sri Dusmanta Nayak, a clerical staff of B.S. College and was motivated to join B.Ed. Debendra Mishra, Lecturer in the College took Rs.40000/- Cash in July 2015 and later Rs.40000/- was deposited in an Axis Bank Account by the victim in two instalments. After that Debendra Mishra demanded Rs. 50000/- more at the time of “Form Fill up” for examination. The victim requested to reduce the course fees and to give her some concession. The accused told her to go to the institution at Srikakulam and meet the authorities for relaxation in fees. He informed that there is hostel facility for such student where she would stay.
On 21/11/2015 Debendra Mishra and the victim proceeded to Srikakulam. There was no hostel facility. She was kept in a lodge and the accused went away. At about 10PM he came back and said no other accommodation was available for him. Although the victim did not agree, he stayed in the same room with the victim that night. During that night the accused sexually assaulted the victim and tried to rape her. The victim protested strongly and ran out of the room and spent the rest of the night in the waiting hall. She was carrying Rs. 20000/- with her for the fees which was taken by the accused. Next day she came back Odisha, but did not lodge any Police Complaint out of fear.
The protest by the victim frightened the accused slightly but soon he became more aggressive as the victim did not make any Police complaint then. He made sexual approaches at various times which the victim ignored. He also telephoned and threatened to go to Cuttack and stay with him at night, also to pay him another Rs. 30000/- otherwise, he would see that she failed in B. Ed. Examination or her certificate would not be returned.
On 13.1.2017 at about 7:45PM the accused called the victim over phone to come to Kundala Chhak (A small market place near the victim’s village) to take back the certificates. When she reached the chhak the accused told her to come with him to Cuttack for the certificates. She denied going to Cuttack which is nearly 55Kms away. The accused tried to drag her into the vehicle. As she continued to protest, she was slapped and pushed out to the vehicle and she fell down. By them other people present in the chhak rushed to the spot, caught hold of the accused and handed over to the Police.
The victim lodged a written complaint to Badachana Police Station which was registered as F.I.R. No. 156 date 14.10.2016. The accused was arrested. He was granted bail by Odisha High Court on 2.12 2016.
At present the victim complains that there is no progress in the case. Her B.Ed and other certificates have not been recovered and relief amount under the SC & ST PoA Act has not been paid to her. With this back ground, it was decided to undertake a detailed fact finding of the matter.
In the occurrence date the victim was sitting on the pile of bricks nearby her house. The accused Golak Mishra came to her and gave a ten rupees note and said if you will be here in the evening I will give you fifty rupees. She was roaming around in the evening when the accused came and dragged her towards a dark place. Her undergarment was forcibly removed and she was subjected to aggravated sexual assault by the accused. The cousin brother of the victim Soumya Ranjam Mallik was going to the Market with his bike to bring some vegetables. He could spot the victim and the accused in the bike’s head light.
He went there and asked who is there. When he didn’t get any response from them he rushed to them and saw the accused was there. He asked the accused (Golia) what you are doing here. The accused said I was doing call of nature. When Soumya Ranjan Mallik said you are doing call of nature but what the child (the victim) doing here. Then not saying anything to the accused he asked the victim child. The victim child said the accused said remove your pant by giving ten rupees. Soumya also saw the victim child in nude condition and ten rupees in her hand. She showed ten rupees to Soumya Ranjan Mallik. He caught both of them and called the father and mother of the victim child. The father and uncle of the victim ran to the spot; then there was a tussle between the relatives of the victim and the
accused. The accused managed to ran away from the spot.
On 30th April 2017, Kesari Devi (age 20) from Padariya village in PO Ramaichak, in Sirdalla block in Nawada district of Bihar was sleeping in her thatched house in the morning. At around 12 clock the accused Chandan Kumar Yadav (age 19) from same village and belonging to Yadav Community came to house for Drinking Water attacked her physically and rse aped her. Kesari Devi started crying loudly, hearing the cries her Aunt came running the accused fled from the house. In the evening a pachayat meeting took place in the village. In the meeting the villagers belonging to the same community beat the father of the victim, to controll his daughtet and she is bringing bad name. The next day i,e on 1st May 2017 the community leaderds helped the father to go police station and register complaint. Police registered the case and made FIR with sections of SC/ST and IPC with crime pertaining ouraging the modesty and touchung the girl with sexual intentions.
So far the police have not applied the section of Rape, nor have sent the victim for medical checkup and also they did not arrest the accused. the police have also not recorded the victims statement under IPC 164. the victim has not received compensation nor protection.