BHARAT CHANDRA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Assailed in this application is the order dated 05.08.2015 passed by the learned First Additional Sessions Judge, Puri in Criminal Appeal No. 15 of 2014 rejecting the prayer of the petitioner to stay the order of conviction passed against him in S.T. Case No. 83/143 of 2009 by the learned Assistant Sessions Judge, Puri against which the appeal has been preferred before learned First Additional Sessions Judge, Puri.

(2.) The petitioner stood convicted under Ss. 364/394/34, I.P.C. and sentenced to undergo rigorous imprisonment for a period of five years on each count under Ss. 364/394, I.P.C. and to pay a fine of Rs. 5000/ - (rupees five thousand) for the offence under Sec. 394/34, I.P.C. in default, to undergo rigorous imprisonment for further period of six months.

(3.) It was alleged that the daughter of the informant was forcibly kidnapped while she was returning from a training class and subsequently she was rescued by Dhenkanal Town Police. The informant alleged that the present petitioner due to some dispute had earlier given threat to kidnap his daughter. In course of investigation, the gold ornaments of the victim which were allegedly stolen by the culprits, were recovered and seized and after completion of investigation, charge -sheet was submitted against three accused persons including the present petitioner and the present petitioner along with one Rabindra Nayak faced the trial with a plea of denial since the third accused remained absconding.