JUDGMENT

A. K. PARICHHA, J. — Learned Standing Counsel is present. Despite service of notice and intimation given by learned S.D.J.M., Bhubaneswar, the respondent is absent and no one has also appeared on his behalf.

2. Heard learned Standing Counsel. Perused the impugned judgment and the L.C.R. The circumstances giving rise to this appeal are as follows :-

Prosecution was launched under Section 224, Indian Penal Code (in short, “IPC”) against the respondent in G.R. Case No.1780 of 1983 of the Court of learned S.D.J.M., Bhubaneswar on the allegation that while under arrest in connection with Balianta P.S. Case No.73 of 1983 for offence under Section 302, IPC, he escaped with the hand-cuff from the office of the C.S.I., Bhuba¬neswar on 27.8.1983. The plea of the respondent against the said charge was that he never escaped from police custody but had gone to answer the call of nature after taking permission from the Constables. According to him, when he returned after answering the call of nature no one was there at the C.S.I. Office and so he had to leave that place. But the police authorities miscon¬ceived the situation and forwarded him for escaping from lawful custody. Prosecutio