In Prabesh Dundi & Ors. v. State of Odisha, multiple appeals arose from a 2016 conviction involving abduction, exploitation, and brutal violence against bonded labourers. The appellants, including Prabesh Dundi, were accused of luring villagers into working at a brick kiln under false promises of high wages. The labourers were confined, assaulted, and ultimately subjected to horrific violence, with two victims having their hands chopped off after attempts to escape. The prosecution relied heavily on the testimonies of the victims and medical evidence to establish the brutal nature of the crimes.
Point of Law:
The legal issues in the case centred around charges under Sections 364-A (kidnapping for ransom), 307 (attempted murder), 370 (trafficking), and related provisions of the IPC, along with the Bonded Labour System (Abolition) Act. The appellants contended that the abduction was not for ransom, but a result of a financial dispute. The trial court convicted the appellants of multiple offences, including life imprisonment for kidnapping and grievous harm.
High Court Ruling:
The Orissa High Court, upon appeal, upheld most of the convictions but reduced the charge under Section 364-A to Section 367 IPC (kidnapping for slavery), citing insufficient evidence of ransom demands. The appellants’ sentences were largely maintained, with the court emphasising the heinous nature of the crimes and the impact on societal order, reaffirming the need for stringent punishment.