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2007 Supreme(Ori) 793

R.N.BISWAL
State of Orissa – Appellant
Versus
Naresh Chandra Barik – Respondent


Advocates:
For Appellant:Addl.Government Advocate
For Respondents:M/s. D. P. Dhal and D. K. Das

JUDGMENT

R. N. BISWAL, J. — This appeal is directed against the judgment and order dated 27.4.1992 passed by the Asst.Sessions Judge, Anandapur in S.T. case No.19/103 of 1991 acquitting the accused persons of the charge under Sections 366/376/368 of I.P.C.

2. The case as unfolded by prosecution is that on 10.10.90 at about midnight accused Naresh Chandra Barik along with accused Satrughan Ojha kidnapped the victim, a girl aged about 14 years from her house to compel her to marry with accused Naresh Chandra Barik. They kept her confined in different places including the house of other 3 co-accused and committed rape on her in village Kachara Sahi. The parents and other family members searched for the alleged victim girl and came to know that she had been kid¬napped by the above named two accused persons to compel her to marry accused Naresh Chandra Barik, but the father of the victim could not report this incident at the police station immediately, because of death of his father and for his own illness. However, after he came round, on 25.10.90 he reported the incident in writing before the O.I.C., Ghashipura P.S. (P.W.10) which was treated as F.I.R. As the allegation contained in t








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