RADHAKRUSHNA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Radhakrushna Behera faced trial in the Court of learned Chief Judicial Magistrate -cum- Asst. Sessions Judge, Mayurbhaj, Baripada in Sessions Trial Case No.29/133 of 1992 for offences punishable under sections 366 and 376 of the Indian Penal Code for kidnapping the victim "AB" on 06.12.1991 at about 8.00 a.m. with intention that she may be compelled to marry against her will and also committed rape on her.

(2.) The prosecution case, in short, as per the First Information Report (Ext.1) lodged by Bipin Behera (P.W.1), the father of the victim is that the victim was aged about 14 years at the time of occurrence which took place on 06.12.1991 at about 8 a.m. She had been to a homeopathy doctor along with one Smt. Jayanti Behera @ Dukhini Behera (P.W.2). At about 10.00 a.m. the P.W.2 came and informed the informant that while she and the victim were returning after purchasing medicine, the petitioner obstructed them on the way and asked the victim to accompany him. When the victim did not agree, the petitioner threatened him with dire consequences and forcibly took her. After getting such message from P.W.2, the informant and his son immediately went in search of the victim but could not locate her and accordingly returned home. On 09.12.1991 the informant got the message that the petitioner had kept the victim in the house of his brother-in-law Chitaranjan Behera. Immediately the informant went there and reached at the house of Chitaranjan Behera. At that point of time, Chitaranjan Behera was not in the house but his wife is present and she told that the petitioner had come with the victim in the afternoon on 06.12.1991 and after taking tiffin, they had left. Accordingly, the informant returned back home where he came to know from the villagers that the petitioner had already returned to his house with the victim and had confined the victim.

(3.) P.W.6 Basant Kumar Patra who was the A.S.I. of Police attached to Jharpokharia Police Station took up investigation of the case and during course of investigation, he examined the informant, visited the spot, examined other witnesses and rescued the victim girl from the house of the petitioner. The petitioner and victim were sent for medical examination to the District Headquarters Hospital, Baripada and the petitioner was arrested and forwarded to the Court. P.W.6 examined some more witnesses, seized the In and Out Register of Kalika Lodging of Baripada and released the same in the zima of the owner of the lodge under Zimanama Ext.3. He also seized the school leaving certificate of the victim on 04.01.1992 under seizure list Ext.4 and after completion of investigation, charge sheet was submitted against the petitioner under section 366 of the Indian Penal Code on 17.01.1992..