ORIGINAL JURISDICTION - Orissa High Court

160
For Petitioner – M/s.B.Panda, S.R.Mohapatra & A.Das.
For Opp.Parties – Addl.Standing Counsel.
*CRIMINAL REVISION NO.248 OF 1996. From the judgment 07.06.1996
passed by the Addl.Sessions Judge-cum-Special Judge, Bhubaneswar in
Criminal Appeal No.52 of 1993 dismissing the appeal and confirming the
judgment dated 23.08.1993 passed by learned Judicial Magistrate First
Class, Bhubaneswar in G.R.Case No.2514 of 1998 (Trial No,84 of 1990).
S.K.MISHRA,J. The petitioner assails the confirming judgment passed
by the learned Additional Sessions Judge-cum-Special Judge, Bhubaneswar
in Criminal Appeal No.52 of 1993, where in he confirmed the conviction
recorded by the learned J.M.F.C., Bhubaneswar in G.R.Case No.2514 of
1998 convicting the present petitioner for the offence under Sections 354
and 323 of the Indian Penal Code, 1860 (hereinafter referred to as the
“I.P.C.” for brevity).
2. The case of the prosecution was that on 01.10.1988 at about 9.00 A.M.,
the present petitioner Kelu Charan Behera along with other co-accused
persons, who have since been acquitted by the learned J.M.F.C., assaulted
the informant with the intention to outrage her modesty and due to such
assault, she sustained injuries on her nipple, neck and other parts of her
body. That night she went to the house of Sapani Mallik, the Grama Rakhi
and narrated about the incident. She took shelter in his house for that night.
On the next day, she lodged a report before the Inspector in charge of
KELU CHARAN BEHERA -V- STATE [S.K.MISHRA,J.]
Bhubaneswar Police Station on the basis of which Bhubaneswar P.S.Case
No.23 of 1988 was registered and the S.I. of Police took up investigation of
the case and submitted charge-sheet against the present petitioner and
three others.
In course of trial, prosecution examined six witnesses and defence
examined none. Learned trial court having considered the evidence adduced
on behalf of the prosecution came to the conclusion that the prosecution has
been able to prove its case for commission of offence under Section 323 and
354 of the I.P.C. against the present petitioner Kelu Charan Behera and
accordingly, he convicted him for both the offences and sentenced him to
undergo rigorous imprisonment for six months on each count and to pay fine
of Rs.500/- on each count, in default, to undergo rigorous imprisonment for
one month on each count.
3. The present petitioner challenged his conviction before the Additional
Sessions Judge-cum-Special Judge, Bhubaneswar. The Addl.Sessions
Judge as per his judgment dated 07.06.1996 in Criminal Appeal No.52 of
1993 upheld the findings recorded by the learned trial court and dismissed
the appeal with a modification of sentence. Learned Addl.,Sessions Judge
reduced the substantive imprisonment for the offence under section 354
I.P.C. to undergo rigorous imprisonment for three months but did not disturb