PRAVAKAR PATI Vs. AJAYA KUMAR DAS

JUDGEMENT

(1.) This revision at the instance of the informant is against the judgement of the learned Additional Sessions Judge, Rourkela, passed in Criminal Appeal No. 9 of 1993 whereby he set aside the order of conviction and sentence recorded against the accused, opposite party No. 1 herein, under S. 366, IPC.

(2.) The prosecution case unfurled during trial is that Kumudamanjari Pati, PW 2 aged about 16 years was a student in Ispat College, Rourkela. On 19-5-91 at about 9.30 a.m. she left home informing her mother that she was going to her friend's house to attend a birth day feast. But when she did not return till late night, her father, the informant, lodged a missing report at Sector-7 Police Station and searched for her here and there. At last coming to know that the accused had kidnapped her with intent to compel her to marry him, he lodged F.I.R. Ext. 1 to the police. On receipt of the said report, Investigating Officer, PW 7 registered a case and proceeded with the investigation, in course of which he recovered Kumudamanjari from the house of the accused and deposited with her father. He also seized the identity card, school leaving certificate of Kumudamanjari and the Admission Register of Ispat College, Rourkela, and on completion of investigation, placed charge-sheet against the accused under S. 366, IPC.

(3.) The accused denied the indictment. His plea was that both he and Kumudamanjari were in love which culminated in their marriage and coming to know of this, Kumudamanjari's parents decided to give her in marriage elsewhere. This ultimately led Kumudamanjari to force him to leave Rourkela. The Further plea of the accused was that by the time of the alleged incident Kumudamanjari had become major.