INTRODUCTION
The Orissa High Court has recently affirmed the conviction and imprisonment of Dolagobinda Jena, who was convicted on charges of inducing a minor girl to have sexual intercourse with him on the understanding that she would be his legally married wife by deceit and subsequently inducing her to abort her child by giving her pills. In view of the long lapse since the date of the offence committed in 1991, the Court granted him bail under the Probation of Offenders Act, 1958.
BACKGROUND
The case was filed on a complaint made by the father of the victim before the Sub-Divisional Judicial Magistrate (SDJM), Anandpur. It was claimed that the accused fraudulently performed a garland-exchange ceremony at a temple, leading the victim to believe that she was legally wedded to him. The accused then pursued continuous cohabitation, and the victim became pregnant. After finding out about her condition, the accused gave her some pills with the false promise that they were vitamin supplements, which eventually resulted in a miscarriage. The matter was tried by the Assistant Sessions Judge, Anandpur, who found the accused guilty of having committed offences under Sections 493 (cohabitation by deceitfully inducing belief of lawful marriage) and 313 (causing miscarriage without a woman’s consent) of the Indian Penal Code (IPC).
KEY POINTS
- Conviction and Sentencing: The accused was found guilty by the trial court of having made the victim believe falsely that she was his wife and subsequently causing miscarriage.
- Imagined Precedents of the Law: Supreme Court precedents have been followed by the Orissa High Court in holding that the offense of inducing belief of legal marriage caused with intent to cohabit is an offense under Section 493 of the IPC.
- Medical Evidence: Medical evidence provided by the doctor, who had treated the victim, was produced on her behalf with regard to her allegations. The doctor proved that there was ‘product of conception’ in her cervix and gave the opinion that she was conceiving and was being stopped by pills administered to her.
- Judicial Interpretation: The High Court, affirmed the conviction, noting that the victim’s evidence was not tainted and remained clear in cross-examination.
RECENT DEVELOPMENT
Even though the conviction was justified, the appellant was extended the grace of the Probation of Offenders Act, 1958, by the Orissa High Court in light of the delay of 33 years in committing the offense and his age while being 63 years. He was ordered by the Court to present himself before the Assistant Sessions Judge, Anandpur, for release under the aforementioned above Act within a period of one month from the receipt of the order.
CONCLUSION
The Orissa High Court ruling supports the precedence of legal accountability along with humanitarian considerations like lapse of time and age of the convict. The Court weighed justice and rehabilitation in imposing the rule of law along with providing relief under the Probation of Offenders Act. The ruling is a precedent for the disposal of pending criminal cases on the grounds of age and lapse of time being prime considerations.
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WRITTEN BY: SHIVRANJNI
