KAMALAKANTA MODI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This CRLMC has been directed against the order dated 17.5.2002 passed by the learned Adhoc Addl. District & Sessions Judge, Balasore in Criminal Revision No. 70/2001 of 6/1998 confirming the order dated 5.1.1998 passed by the learned S.D.J.M., Balasore in I.C.C. Case No. 113 of 1997 in which cognizance of offence under Sections 363/376/109, IPC was taken.

(2.) The short fact is that on 19.5.1996, Bhanja Parmanik, the father of the victim Sanjulata Parmanik lodged an F.I.R. before the Town P.S., Balasore that while his daughter Sanjulata Parmanik, aged about 15 years was returning home from Tentulia Thakurani after performing puja on 18.5.1996, on the way near Chandmari Padia, accused Sanjay Kumar Behera kidnapped her in a Tempo and confined her in the house of late Kailash Modi. While his relatives tried to rescue her from there, the father of the accused, Narahari Behera alias Chila did not allow them to come and quarreled with them. After receiving the F.I.R., Police registered P.S. Case No. 166 of 1996 against Sanjay Kumar Behera only under Sections 363/366 and arrested him and sent him to the court of the learned S.D.J.M., Balasore and G.R. Case No. 595 of 1996 was registered. After investigation, police submitted charge-sheet against accused Sanjay Kumar Behera under Sections 363/366, IPC for which S.T. Case No. 63 of 1997 is subjudice before the Asst. Sessions Judge-cum-C.J.M., Balasore.

(3.) Learned Adhoc Addl. Sessions Judge, Balasore by order dated 17.5.2002 confirmed the order of taking cognizance dated 5.1.1998 passed by the learned S.D.J.M., Balasore against the petitioners accepting the memo of complainant declining to examine the remaining witnesses after perusing her initial statement and statement recorded under Section 202 Cr.P.C.