KHAKAN BHUYAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision has been directed against the judgment dated 27.02.2018 passed by the learned Additional Sessions Judge-II, Baripada, Mayurbhanj in Criminal Appeal No.74 of 2015. By the impugned judgment, the appellate court has confirmed the judgment of conviction and order of sentence dated 16.10.2015 passed by the learned Assistant Sessions Judge, (Special Track Court), Baripada in Sessions Trial Case No.03/259 of 2015-14. The petitioner (accused) having faced the trial for commission of offence under section 363/366 of the Indian Penal code (in short, ,,the IPC), he has been convicted thereunder and has been sentenced to undergo rigorous imprisonment for five years as also to pay fine of Rs.10,000/-in default to undergo rigorous imprisonment for four months for commission of offence under section 363/366 of the IPC.

(2.) The prosecution case, in brief, is that on 3.5.2014, the informant (P.W.3) lodged a written report before the Rasgobindpur Police Station that on 27.04.2014, she had gone to the house of her elder daughter to attend the obsequies ceremony of the mother-in-law of her elder daughter and on her return, she found one person to be in her house, who expressed his desire to marry her daughter then aged around 17 years. It is stated that on protest, that person threatened her and when P.W.3, had gone to attend the call of nature, her daughter (the victim) had been kidnapped by that person. After search, when the daughter of the informant could not be traced, she was contacted over phone. It was then ascertained that she had married that person in a temple and then threat came from the side of that person that unless the dowry articles be given, her daughter would be killed. The case of the defence is that of the denial of the charges.

(3.) The prosecution, in order to establish its case, has examined eight witnesses. Out of whom, P.W.3 is the informant, P.W.4 is the victim whereas P.W.5 is the elder daughter of P.W.3 who are the important witnesses so far as the accusations levelled against the accused are concerned.