JOGI NAHAK Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 394, I. P. C. and sentenced to r. I. for one year by an order dated 7-12-1963 of but Sessions Judge of Ganjam boudh.

(2.) KUMUDA (P. W. 2) a girl of four years is the daughter of Gourhari Naik (P. W. 1 ). She was wearing a golden Khasumali in her neck and two golden ear-rings on her ears the value of which would be about Rs. 100/ -. On the date of occurrence, that is, 13-3-63 the girl was found missing from home. P. W. 1 searched for his daughter, but could not trace her. At about 1 P. M. that day, the Pujari of radhakanto Mohapravu Temple of the village found the girl in an injured condition in the premises of the temple with several injuries on her head. He brought the girl to P. W. 1 and P. W. 1 found the ornaments missing from her person. Thereafter P. W. 1 and some others went to the temple premises and found blood stains on the ground and some broken bangles and a big stone stained with blood lying at the place. P. W. 8 Raghunath Bastia who had a thrashing floor near the temple informed them that he had seen the accused running away in suspicious manner sometime ago. P. Ws. 5 and 6 then were deputed on a bicycle to search for the accused. P. W. 1 went with the injured girl to Purusottampur Police Station and lodged the F. I, R. (Ext. 1) against an unknown accused. In the meantime the accused while running away with the gold ornaments was caught by P. Ws. 5 and 6. Later on, he was arrested and after investigation, a charge-sheet was submitted against him and after commitment he was placed under trial before the Court of session.

(3.) THE accused Jogi Nahak who if a young boy of fifteen yean denied to have committed the offence.