Radhakrushna Behera v. State
Case brief
What is this about?
High Court quashed conviction for kidnapping under IPC 366, upholding appellate acquittal on rape charges, finding prosecution failed to prove compulsion beyond reasonable doubt.
What did the court decide?
Improcedena convicted under 400, the petitioner acquitted. Bail granted; bonds cancelled.
What the court decided
IN THE HIGH COURT OF ORISSA, CUTTACK
CRREV NO. 491 of 2000
From the judgment and order dated 27.09.1993 passed by the learned Chief Judicial Magistrate -cum- Asst. Sessions Judge, Mayurbhaj, Baripada in Sessions Trial Case No.29/133 of 1992 and the judgment and order dated 26.08.2000 passed by the Sessions Judge, Mayurbhanj, Baripada in Criminal Appeal No.153 of 1993.
| Radhakrushna Behera | ……… | Petitioner |
|---|---|---|
| -Versus- | ||
| State of Orissa |
……… | Opp. party |
| For Petitioner: | - | Hemanta Kumar Behera |
| For Opp. party: ---- |
- ------------- |
Mr. Dillip Kumar Mishra Addl. Govt. Advocate ---- |
P R E S E N T:
THE HONOURABLE MR. JUSTICE S.K. SAHOO
-----------------------------------------------------------------------Date of Hearing and Judgment- 22.09.2016 ------------------------------------------------------------------------
S. K. Sahoo, J . The petitioner Radhakrushna Behera faced trial in the
Issues for consideration
2 issues framed by the court
Whether the prosecution successfully established the ingredients of kidnapping under section 366 IPC given the victim's age and conduct.
Whether the victim's movement with the petitioner was voluntary or compelled.
Parties & counsel
- petitioner
Radhakrushna Behera
- respondent
State of Orissa
Coram
S K Sahoo
Case details
As recorded by the court registry
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