SHYAMASUNDAR KAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal from the Judgement of conviction and sentence dated 8th October, 1966, passed by Sri U. N. Misra, Additional Sessions Judge, Ganjam -Boudh, in sessions cage No. 20 of 1966 (G) by which the sole appellant has been convicted under Section 366, I.P.C., and sentenced to undergo E. I. for four years and to pay a fine of Rs. 100/ - in default to undergo E. I. for further term of one month.

(2.) THE charge against him runs as follows : -

(3.) FROM the narration of the prosecution case it is clear that the complainant first of all went from village Mohana to Khariguda and from Kharigada she again went to Cuttack. If the complainant is found to have voluntarily gone from Mohana to Khariguda and from Khariguda to Cuttack without the appellant having adopted any deceitful means for inducing her so to go, then abduction cannot be said to have taken place at all. Even if the appellant seduced the complainant to enter into illicit intercourse with him either at Khariguda or at Cuttack without doing any overt act which would constitute abduction, he would still not be guilty of the offence charged against him.