Justice Urged for Bitti Mohanty

By - Ashok Sahu, BJP

Bitty Mohanty's case is a typical case of failure of justice in our system. We all know that in the Criminal Justice system, there is provision for punishment to correct an aberration in the conduct of an individual whose action is forbidden by the penal laws of our country. The purpose is to punish him so that he can correct his conduct as per the needs of the society, where he lives and his co-existence with others does not disturb the peace of his neighbours co-living with him. The punishment imposed on the convict acts as deterrence for others against indulging in same type of activity. The purpose of law is also to punish the right offender through a fair and just trial, so that he repents and corrects his behavior  To ensure this, we have a system in which an innocent is not punished, unless the alleged offence is proved beyond all reasonable doubts.

In case of Bitty Mohanty, the offence alleged is still doubtful. The German lady who stayed with him in the same room in a hotel for three nights had her consent for everything happening between them. The medical report does not indicate any sign of violence and does not suggest coitus without consent. During the trial the alleged victim has not been examined at all. Therefore, there was no question of any cross examination to her from the side of the defence. The trial was over within seven days of lodging a complaint. The accused Bitty Mohanty did not have a lawyer of his choice to defend him. Without any supporting evidence, what so ever, Bitty Mohanty was convicted of the alleged rape solely on the basis of the complaint by the German lady.

The appeal petition is not heard as the convicted appellant jumped bail and parole and remained absconded. His conduct at Puttaparti ashram and as Raghav Ranjan while working under impersonation in the Bank in Kerala was very social and amiable. If the purpose of penology is to reform a young man; this is a fit case for retrial in the interest of justice and fair play. A bright young man will always remain an asset of the society.