NIRMAL MANGAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision arises out of the appellate judgment dated 20 -8 -1385 passed by Sri Section Panigrahi, Sessions judge, Keonjhar in Criminal Appeal No. 96 of 1984 upholding the conviction and sentence dated 18 -12 -1984 passed by Sri A.C. Das, judicial Magistrate, First Class, Champua, in G. R. Case No. 480 of 1979 convicting the Petitioner Nirmal Mangal under Section 361 and 368, I.P.C. and sentencing him to undergo R.I. for three years on each count and directing that the sentences would run concurrently.

(2.) THE prosecution case briefly stated is that on 27 -10 -1979 in the evening Bithal Patra, another accused of Kalikaprasad took away Saibani Behera from her house at Kalikaprasad during the absence of her parents and handed over her to the Petitioner Nirmal Mmgal, who took her to Rampur and concealed her in his house until she was recovered by the police. F.I.R. was lodged by the father of the victim girl. After due investigation, charge sheet was submitted and thus the Petitioner stood his trial and stands convicted and sentenced as above.

(3.) THE Trial Court and the appellate Court gave a finding that Saibani was kidnapped by Bithal Patra, who handed over her to Nirmal Mangal, who again took saibani to Rampur and concealed her in his house.