STATE OF ORISSA versus DIBAKAR NAIK AND ORS.

STATE OF ORISSA versus DIBAKAR NAIK AND ORS.

A-5, A-6, A-7, and A-11 are guilty of offences under Section 304(II) read with Section 34 IPC (culpable homicide) and Section 376 read with Section 34 IPC (gang rape) as their involvement in the violent commission of rape leading to the victim's death is established, though intention to cause death is not proved; other accused were properly acquitted of murder and rape but their convictions for minor offences are upheld.

Parties
Appellant: State of Orissa; Respondents: Dibakar Naik and Ors.
Jurisdiction
India
Judgment Date
23 April 2002
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against High Court Acquittal and Conviction for Offences Including Murder and Rape
Outcome
Appeals partly allowed
Legal Topics
Murder, Rape, Culpable Homicide, Benefit of Doubt, Criminal Procedure, Appreciation of Evidence, Appeal Powers
Criminal Law Murder Rape Culpable Homicide Benefit of Doubt Criminal Procedure Appreciation of Evidence Appeal Powers

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Parties

State of Orissa

Appellant

Dibakar Naik and Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against High Court Acquittal and Conviction for Offences Including Murder and Rape

Legal Issues

  1. 1 Whether the accused were rightly acquitted by the High Court for offences under Sections 302 and 376 read with Section 34 IPC
  2. 2 Whether the evidence of PW1 was reliable
  3. 3 Whether the conviction under Section 302 read with 34 IPC was justified

Ratio Decidendi

A-5, A-6, A-7, and A-11 are guilty of offences under Section 304(II) read with Section 34 IPC (culpable homicide) and Section 376 read with Section 34 IPC (gang rape) as their involvement in the violent commission of rape leading to the victim's death is established, though intention to cause death is not proved; other accused were properly acquitted of murder and rape but their convictions for minor offences are upheld.

Court Disposition

Appeals partly allowed

Orders

  • Conviction and sentence of A-5 (Birabar Mania), A-6 (Babaji Mania), A-7 (Bhira Behera @ Baga Tanti), and A-11 (Madha Tanti @ Madhabananda Parmanik) under Section 376 IPC affirmed;
  • These accused convicted under Section 304(II) read with 34 IPC and sentenced to 10 years rigorous imprisonment, sentences to run concurrently;