STATE OF ORISSA Vs. GANGADHAR BEHURIA

JUDGEMENT

(1.) Offence of kidnapping and rape in relation to unmarried girl in her teens alleged to have been committed by a man in his forties taking advantage of the exclusive company is subject-matter of this appeal against acquittal.

(2.) Accused and parents of P.W. 2 mother of prosecutrix (P.W.1) belong to village Bramhanigaon in Binjharpur police station of Cuttack district. P.W. 2 is married in village Kantia under the same police station. Accused established good relationship with P.W.2 as her brother. On account of such relationship he was visiting house of P.W.2 at times. With assistance from accused eldest daughter of P.W.2 was given in marriage. After the second child, a son P.W. 1 was born as the third child and second daughter of P.W. 2. Wife of accused has deserted her (him). This is the background brought in evidence by prosecution.

(3.) Undisputedly, accused went from his village to house of P.W. 2 on 14-2-1983 and stayed there in the night. Next morning he took P.W. 1 with him on a cycle to village Aredi in Balasore district to have prayer to Hindu deity Akhandalamani. They, could not return back that day and took rest in the Dharmasala (resting place of pilgrims) at Aredi.