MOHAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Revision has been filed challenging the judgment dated 28.11.1997 passed by the learned Additional Sessions Judge, Bhadrak in Criminal Appeal No. 57 of 1994 modifying the judgment dated 14.9.1994 passed by the Asst. Sessions Judge -cum -C.J.M., Bhadrak in S.T. No. 3 of 1994/ 200 of 1993

(2.) ON the basis of an F.I.R lodged by P.W. 3 on 16.11.1992 alleging that on 14.11.1992 at about 7.30 PM his minor daughter was kidnapped by accused Mohan Das with the help of his sister Pakan Das who caught hold of his daughter and lifted her to some unknown place. The informant searched for his daughter but could not trace her out. Later, he heard from the sister of accused Mohan Das that the latter had kidnapped her with a view to marry her either at Aradi or Biraja or at Tarini temple. On the basis of said F.I.R., Criminal action was set in motion and after investigation police submitted charge -sheet against the Petitioner under Sections 363/366 I.P.C. The Petitioner faced trial in S.T. No. 3/94 (200/93). In order to substantiate its case the prosecution examined as many as eight witnesses and exhibited six documents. The plea of defence was complete denial.

(3.) HEARD Mr. P K. Sahu, Learned Counsel appointed as amicus curiae as Learned Counsel for the Petitioner did not appear. Mr. Sahu forcefully submitted that after arriving at the conclusion that the prosecution failed to establish the charge under Section 363 Indian Penal Code, the appellate Court erred in convicting the Petitioner under Section 366 Indian Penal Code. It was also submitted that none of the ingredients of the offence under Section 366 I.P.C. is satisfied or established: According to him, the order of conviction and sentence is based on no material and is contrary to the evidence on record and is liable to be set aside.