The Bench also set side the conviction of the appellant under Section 366, noting,
“She stated in her evidence that the accused, Subrata Pradhan, Prasanta Das and Sampa Das nee Pradhan kidnapped her and took her to a house. Prasanta and Sampa compelled her to wear a saree and Subrata put vermilion on her forehead and conch bangles on her hands. In order to prove the charge under Section 366, the investigating officer did not seize the saree which the victim girl wore on the date of occurrence. He also failed to seize the conch bangles.”
The Court, however, held that the evidence on record proves the commission of an offence under Section 363 (punishment for kidnapping), for which the maximum sentence is seven years in prison.
Source: Barandbench
