SUDARSAN BAG AND ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners Sudarsan Bag and Rahasa Bag have preferred this revision petition against the impugned judgment and order dated 04.05.1996 passed by the learned Asst. Sessions Judge, Dharmgarh in S.C. Case No. 9/5 of 1996 in convicting the petitioners under sections 363/34 of the Indian Penal Code and sentencing them to undergo R.I. for two and half years each with fine of Rs. 1,500/- each, in default of payment of fine, to undergo further R.I. for one year each. The petitioners preferred an appeal in the Court of Session and it was heard by learned Sessions Judge, Kalahandi-Nuapada at Bhawanipatna in Criminal Appeal No. 26 of 1996 and vide judgment and order dated 28.07.2000, though the learned Appellate Court upheld the conviction of the petitioner under section 363/34 of the Indian Penal Code but reduced the substantive sentence to R.I. for one year while maintaining the sentence of fine and default sentence passed for such fine.

(2.) The prosecution case, as per the First Information Report submitted by Anteswa Ketki (P.W.1), who is the father of the victim 'K' is that on 12.10.1995 at about 2.00 p.m. his daughter 'K' who was aged about 15 years had been to the land locally known as Badimunda situated in village Koten carrying meal for her brother namely Narayan Ketki (P.W.3) and after taking meal while P.W.3 was taking rest, the two petitioners who are brothers came there and forcibly took the victim 'K' to their house. Even though the victim tried to escape from the clutches of the petitioners but she could not succeed. Even P.W.3 who was present there attempted to rescue his sister but he was also not successful. P.W.3 immediately returned back home and informed about the incident before his family members and accordingly, the informant along with others proceeded to village Koten and rescued the victim at about 8.00 p.m. from the house of the petitioners and brought her back to the house. The F.I.R. was presented before Chilguda outpost on 13.10.1995 and accordingly, station diary entry no.204 dated 13.10.1995 was made and the report was sent to the Officer in charge, Junagarh Police station for registration. On the next date i.e. on 14.10.1995 the Officer in charge, Junagarh Police Station on receipt of the report registered Junagarh P.S. Case No.149 dated 14.10.1995 under sections 366/34 of the Indian Penal Code. The Officer in charge directed the A.S.I. of Police namely Kirtan Nayak (P.W.8) to take up investigation of the case and accordingly, P.W.8 took up investigation, examined the informant and other three witnesses who came with the informant to the outpost. He visited the spot, examined the witnesses, arrested both the accused persons and forwarded them to Court. The victim was sent to District Headquarters hospital, Bhawanipatna for ossification test for determination of her age and P.W.8 received the ossification test report vide Ext.2 which shows her age to be above 14 and below 15. On 06.11.1995, the Officer in charge of Junagarh Police Station namely Birendra Kumar Mishra (P.W.9) took over charge of investigation and after completion of investigation, he submitted charge sheet against the petitioners on 6.11.1995 under section 366/34 of the Indian Penal Code.

(3.) After submission of charge sheet, the case was committed to the Court of Session for trial after observing due committal procedure and it was transferred to the Court of Asst. Sessions Judge, Dharmgarh for trial where the learned Trial Court framed charge under section 366/34 of the Indian Penal Code against the petitioners on 20.03.1996 and since the petitioners refuted the charge, pleaded guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute them and establish their guilt.