CHAITAN CHARAN JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal revision arises out of the appellate judgment dated 15.7.1985 upholding the conviction and sentence dated 30.4.1984 passed by Sri S.C. Misra, Asst. Sessions Judge, Anandapur in Sessions Trial No. 9/57 of 1983 convicting the Petitioner under Sections 363/366, I.P.C. and sentencing him to undergo R.I. for 5 years under Section 366, I.P.C. and awarding no separate sentence for his conviction under Section 363, I.P.C.

(2.) THE prosecution case briefly stated is that Sumati Panda (P.W. 4) is the daughter of Karunakar Panda (P.W. 1) and Gelhamani Panda (P.W.2), Sumati Panda is said to be a minor being below 16 years of age. The accused Chaitan Charan Jena was working as a teacher of Upgraded M.E. School, Tolankapada along with P.W. 1 and it appears that the accused had family relationship with P.W. 1 and members of his family and it also appears that the accused was the private tutor of P.W. 4. In course of time there was intimacy between sumati Panda and the accused. On 9.7.1983 at about midnight while the family members were asleep, P.W. 4 went away from her house and went to the house of the accused and stayed there. On coming to know this Karunakar Panda (P.W. 1) lodged the F.I.R. During the course of investigation, Sumati Panda (P.W.4) was found in the house of the accused and she was brought to the house of P.W. 1 and in course of investigation, P.W. 4 and the accused were medically examined. After completion of the investigation charge sheet was submitted and hence the accused stood his trial and was convicted and sentenced as above.

(3.) RELYING upon the testimony of Karunakar Panda (P.W. 1) mainly and on some other materials, the trial court and the appellate court gave the finding that the age of the girl is less them 16 years of age and that she was kidnapped from the custody of her lawful guardians for the purpose of forcible sexual intercourse and also to marry her forcibly.