Decided on August 09,1988

STATE Respondents

Referred Judgements :-



V.Gopalaswamy, J. - (1.)This revision is preferred against the judgment dated 28-1-1984 of the learned Additional Sessions Judge, Koraput, Jeypore, in Criminal Appeal No. 155 of 1983 confirming the judgment of the Assistant Sessions Judge, Gunupur in Sessions Case No. 12 of 1982 convicting the petitioner under section 366, I.P.C. and sentencing him there under to undergo rigorous imprisonment for a period of three years and six months.
(2.)The prosecution case, briefly stated, is as follows: The informant Komdeb Padhi (P.W. 5 is the father of the victim girl Sabita Padhi (P. W. 10) and they were residents of village Ukumba (within Gunupur P.8. in Korapat district). Sabita was a student at the High School at Ulumba and she had to appear for her High School Certificate Examination held during the period from 27-4-1981 up to 4-5-1981, at the Boys High School Centre at Gunupur. For the purpose of appearing at the H.S.C. examination she was staying temporarily in the room let out by P.W.7 along with one Jagamaya Panigrahi, the daughter of the petitioner, as she was also appearing at the H S. C. examination. The petitioner is a resident of Pondaru village in Srikalulam district in Andhra Pradesh. Hrusikesh Panigrahi, brother-in, law of the petitioner, (a co-accused in the case but acquitted by the trial court) was staying in a room adjoining the room of Sabita in the house of P.W. 7. During the few days of Sabitas stay at Gunupur, the petitioner and his daughter Jagamaya brought pressure on Sabita, to give her consent for marrying Hrusikesh and she informed about it to her father (P.W. 5). The petitioner made the proposal to P.W. 5 about his brother-in-laws marriage with Sabita, but P.W. 5 turned down the proposal. On the night of 3-5-1981 Sabita and Jagamaya slept in the same room but in the morning of 4-5-1981 at about 8 A M. Sabita woke up and found herself in the bus stand at Purlakhemundi and the petitioner was by her side. From Purlakhemundi the petitioner had taken Subita to Tekkali (in Andhra Pradesh) where she was compelled to stay in a hut and in a lodge for about four days and throughout the petitioner was illtreating her and misbehaving with her. On 16-5-1981 one Pagadalu, the kept mistress of the petitioner, brought the victim girl from Tekkali to Parlakhemundi by bus. At Parlakhemundi the victim girl was rescued by P.W. 6 and the latter took her on a motor cycle to her fatherTs house at Ukumba. On 10-5-1981 P.W. 5 lodged the F.I.R. Ext. 7 at the Gunupur police station. The date of birth of the said Sabita is 1-7-1965. The police duly investigated into the case and submitted the charge-sheet against the petitioner and his brother-in-law under section 366-A, I.P.C.
(3.)The plea of the petitioner is one of denial. Three D.Ws. were examined on behalf of the defence. There is nothing in the evidence of the D.Ws., which is in any way helpful to the petitioner.

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