BILAS NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application has been filed under Sec. 482 of the Cr.P.C. by the Petitioners, who are accused persons in C.T. Case No.197/2021 pending in the Court of learned S.D.J.M., Dharamgarh.

(2.) The brief facts of the case are that one Hemanta Naik, lodged a written report before the O.I.C., Dharamgarh Police Station on 28/5/2021 stating that while his family members were sleeping, at about 12 midnight, he came out of the house to attend call of nature and saw that his sister was not in the house. After a prolonged search he came to know that one Narendra Naik of village Khairpadar had kidnapped his sister, kept her in his house and fled away after having sexual intercourse with her. Subsequently, the family members of the said accused tried to drive out the victim from their house and also threatened to kill her if she did not leave. Said Narendra was a married person. On such facts, the complainant lodged a written report basing on which Dharamgarh P.S. Case No.73 of 2021 was registered and investigation was taken up.

(3.) Upon completion of investigation, charge sheet was submitted under Ss. 506/294/34 of the Indian Penal Code against the present Petitioners, and Ss. 363/376/294/596/34 against the said Narendra Naik. Petitioner No.1 is the mother, PetitonerNi.2 is the wife and Petitioner No.3 is the father of the accused Narendra Naik. It is to be noted that the Petitioners were shown as absconders in the charge sheet, for which the trial was split-up and continued against accused Narendra Naik in G.R. Case No.54/2021. However, during pendency of the present case, all the three Petitioners surrendered before the trial Court on 12/5/2023 and have been admitted to bail. In the original case, the informant and the victim were examined as witnesses from the side of prosecution. Learned trial Court, vide judgment passed on 19/7/2022 acquitted accused Narendra Naik of the charges as there was nothing incriminating against him in the evidence of the informant and the victim.