DINABANDHU PAIKARAY Vs. THE STATE

JUDGEMENT

(1.) THIS revision petition arises out the judgment dated 19.6.1985 passed by the First Additional Sessions Judge, Ganjam, Berhampur in Criminal Appeal No. 48/85 (Cr. A. 50/84 GDC) upholding the conviction and sentence) dated 12.1.1984 passed by the Additional Chief Judicial Magistrate, Berhampur, in G.R. Case No. 69 of 1982 convicting the Petitioner under Section 363, IPC, are sentencing him to undergo R.I. for one year.

(2.) THE prosecution case briefly stated is that the informant Susila Dakua P.W.1. is the mother of Kalia, a boy aged about 4 years, P.W. 1 was deserted by her husband Ganga Dakua and as such she was staying with Dasarathi Behera as his mistress at Berhampur town at the relevant time. On 16.1.1982 at about 11 A.M. the informant Susila Dakua returned home after finishing her work as maid servant in different houses and found the Petitioner Dinabandhu Paikaray in her house. The Petitioner Dinabandhu Paikaray supplied her rice and other articles and requested. P.W. 1 to prepare the food. After this, the accused Petitioner saying that he was going to purchase bread for the child Kalia from the market, took the said Kalia with him at about 11.30 A.M. and there after neither the Petitioner Dinabandhu Paikaray nor the boy Kalia returned. The informant (P.W. 1) waited for them for sometime and searched for him but she could not get him anywhere and then she lodged report in the P.S. After due investigation charge -sheet was submitted. In course of investigation the kidnapped boy Kalia was recovered from the house of the accused -Petitioner. The accused stood his trial and stands convicted and sentenced as above.

(3.) THE trial Court as well as the appellate Court gave the finding that the accused -Petitioner Dinabandhu Paikaray kidnapped the boy Kalia by taking him out of the lawful custody of his guardian.