ALEKH PRASAD BEHERA Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 366 Indian Penal Code, and sentenced to R. I. for five years and to pay a fine of Rs. 400/ - in default to undergo for five months.

(2.) THE appellant was working as a Naib Tahasildar at Basta at the time of alleged occurrence. He had friendly relations with the family of Fakir Panigrahi (P.W. 1) the informant in this case. It is the case of the prosecution that on the evening of 18.3.1962, the appellant along with his peon Srinath went to the house of the P.W. 8 and spent the night there. During his stay there he made a proposal to the members of the family to visit the Pinchabania Mela, which was then being held near about Basta. The informant, however, did not approve the proposal, but later on, under the persuation of his brother, he allowed them to go in the company of accused to see the mela. Accordingly on the following day, that is, on 19.3.1962, Sambhunath P.W. 7 his brother and Keshamani P.W. 6 his wife and their daughter Satyabhama P.W. 1 along with another daughter started for Basta and boarded the train at the Railway Station. Nilgiri. Getting down at the Basta Railway Station, the proceeded to the office of the accused which was at a distance of about 2 miles from the Basta Railway Station and reached there at about 10 p.m. They stayed there for the night and on the next morning when they wanted to see the mela, the accused on some pretext or other deferred the matter from day to day and the party being disappointed desired to return home. About three days after, that is, on 22.3.1962 the party boarded the train at the Basta Railway Station on their homeward journey. When the train was about to move, the accused, it is alleged, pulled back P.W. 1 from behind and she was forcibly taken back to the office of the accused where she was left for several days. There the accused, made a proposal to marry her, but she refused. Meanwhile Fakir being informed by his brother P.W. 7 about the incident came to Basta and found his daughter in the office of the appellant. When he wanted to take back his daughter he was resisted by the appellant and was assaulted. Then he went to the Police Station and lodged the F.I.R. (Ext. 6). After investigation and charge sheet, the accused was committed to the Court of Sessions where he was convicted and sentenced as above.

(3.) AT the trial the accused was charged under Section 366, Indian Penal Code for having kidnapped P.W. 1 aged 15 years from Basta Railway Station on 22 -3 -62 while she was trying to board the train with the intent that she would be compelled to marry him against her wishes.