LAKSHMIDHAR MISRA Vs. STATE

JUDGEMENT

(1.) THE petitioner Lakshmidhar Misra, a Brahmin, was convicted for an offence punishable under Section 366 of the Indian Penal Code for having kidnapped and abducted one Kanchan, a Pana minor girl, with the intention that she may be compelled to marry against her will, and was sentenced to 3 years' rigorous imprisonment by the Assistant Sessions Judge of Keonjhar and on appeal, the said conviction and sentence were confirmed by the Additional Sessions Judge, mayurbhanj.

(2.) THE charge framed against the petitioner is to the effect

(3.) THE prosecution case was that the petitioner on the pretext of marrying induced kanchan (P. W. 15); the unmarried daughter of one Dhania Patra (P. W. 5) to leave her father's protection at Ghatgan and took her with him to Anandapur, then to his village Balibaruan, then to Nuaragadi where he made her over to one jogendra Panda (P. W. 1) on receipt of consideration of Rs. 450/-, but that the girl refused to marry the said Jogendra whereupon the petitioner managed to take her away with the ornaments given by the said Jogendra, and thus committed the offences charged against him. The accused denied the entire story and alleged that he did not know either the girl or P. W. 1.